Motion Granted; Opinion issued September 23, 2014 Withdrawn; Appeal
Reinstated and Order filed October 23, 2014
In The
Fourteenth Court of Appeals
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NO. 14-14-00599-CR
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HECTOR A. PENA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Cause No. 12CR3366
ORDER
On September 23, 2014, this Court issued an opinion dismissing this appeal
because the trial court granted the State’s motion for new trial. On October 8,
2014, appellant filed a motion to abate the appeal in which he requested this court
reinstate his appeal and abate it until conclusion of the State’s appeal of the grant
of his motion for new trial in cause number 14-14-00746-CR. The motion is
granted.
This Court’s opinion filed September 23, 2014, is withdrawn, and our
judgment of that date is vacated. The appeal is ordered reinstated.
The appeal is abated, treated as a closed case, and removed from this court’s
active docket until resolution of the State’s appeal in cause number 14-14-00746-
CR. The appeal will be reinstated on this court’s active docket at that time, or when
the parties file a dispositive motion. The court will also consider an appropriate
motion to reinstate the appeal filed by either party, or the court may reinstate the
appeal on its own motion.
PER CURIAM