Hung Le v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Hung Le v. The State of Texas Appellate case number: 01-14-01019-CR Trial court case number: 1398928 Trial court: 232nd District Court of Harris County On November 11, 2016, this appeal was abated, and the case was remanded to the trial court for a hearing regarding appellant’s counsel’s failure to file a brief. The trial court appointed new counsel and ordered the brief filed no later than January 5, 2017. On January 5, 2017, appellant’s new counsel, Joe Varela, filed two motions: a motion to supplement the record and a motion for extension of time to file the brief. The abatement of this appeal is lifted and the case is restored to the active docket. The motion to supplement is denied because no ruling from this court is necessary to supplement the record. The rules authorize a party to “direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record containing the omitted items.” TEX. R. APP. P. 34.6(d). The motion for extension of time to file appellant’s brief is granted. A brief shall be filed by February 21, 2017. It is so ORDERED. Judge’s signature: /s/ Michael Massengale  Acting individually  Acting for the Court Date: January 24, 2017