TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00805-CR
Armando Deanda Hernandez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. CR-10-1086, HONORABLE WILLIAM HENRY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant has filed an unopposed motion to abate the appeal. He requests that this
Court abate the appeal and remand the cause to the trial court to allow the trial court to pronounce
sentence in open court and with Appellant present. See Tex. Code Crim. Proc Ann. art. 42.03 § 1(a)
(West Supp. 2012); see also id. art. 42.14 (West Supp. 2012). The State responds that the trial court
is scheduled to pronounce sentence in the presence of Appellant on May 15, 2013, and agrees to
the abatement.
Accordingly, we grant the motion, abate the appeal, and remand this cause to the
trial court to pronounce sentence in Appellant’s presence following notice and hearing on May
15, 2013, or as otherwise scheduled within 30 days of this order. See Thompson v. State, 108
S.W.3d 287, 291–92 (Tex. Crim. App. 2003); Keys v. State, 340 S.W.3d 526, 529 (Tex.
App.—Texarkana 2011, pet. ref’d). A reporter’s record of the sentencing shall be prepared and
filed in the record of this appeal within 45 days of this order. This appeal will be reinstated when
the reporter’s record of the sentencing is filed with this Court.
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Goodwin and Field
Abated
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