Anton Jamail Harris v. the State of Texas

FILE COPY COURT OF APPEALS REBECA C. MARTINEZ FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ, CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT PATRICIA O. ALVAREZ 300 DOLOROSA, SUITE 3200 LUZ ELENA D. CHAPA SAN ANTONIO, TEXAS 78205-3037 IRENE RIOS WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE BETH WATKINS (210) 335-2635 LIZA A. RODRIGUEZ LORI I. VALENZUELA FACSIMILE NO. JUSTICES (210) 335-2762 May 3, 2021 Patrick B. Montgomery Nathan E. Morey Attorney At Law Paul Elizondo Tower 111 Soledad Street, Suite 300 101 W. Nueva, Suite 525 San Antonio, TX 78205 San Antonio, TX 78205 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Honorable Frank J. Castro Alice Gonzales Judge, 399th Judicial District Court Bexar County District Clerk Bexar County Courthouse Paul Elizondo Tower 300 Dolorosa, 1st Floor 101 W. Nueva, Suite 217 San Antonio, TX 78205 San Antonio, TX 78205 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-20-00116-CR Trial Court Case Number: 2018CR3427 Style: Anton Jamail Harris v. The State of Texas Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, Michael A. Cruz, Clerk of Court _____________________________ Monica Rivera Deputy Clerk, Ext. 53855 FILE COPY cc: Monica Crawford (DELIVERED VIA E-MAIL) Joe D. Gonzales (DELIVERED VIA E-MAIL) Maria Gallegos (DELIVERED VIA E-MAIL) Barbara Paulissen (DELIVERED VIA E-MAIL) FILE COPY Fourth Court of Appeals San Antonio, Texas May 3, 2021 No. 04-20-00116-CR Anton Jamail HARRIS, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR3427 Honorable Frank J. Castro, Judge Presiding ORDER On April 14, 2021, the State filed a motion to abate this appeal and remand this case to the trial court pursuant to Rule 34.6(e) of the Texas Rules of Appellate Procedure. On May 3, 2021, the State filed a motion for extension of time to file its brief. In its motion to abate this appeal, the State alleges an inaccuracy exists in the reporter’s record and it has been unable to reach an agreement with appellant’s counsel on the matter. We GRANT the motion, abate this appeal, and remand the cause to the trial court. We ORDER the trial court to hold a hearing on this matter and settle this dispute. See TEX. R. APP. P. 34.6(e)(3). The trial court must provide notice of the hearing to appellant’s counsel and the State. The trial court is ORDERED to hold the hearing on or before May 21, 2021. If the trial court finds any inaccuracy in the reporter’s record, it must order the court reporter to conform the reporter’s record (including text and any exhibits) to what occurred in the trial court, and to certify and file such record in this Court. The trial court is ORDERED to file findings of fact and conclusions of law on or before May 28, 2021. All appellate deadlines are suspended pending the trial court’s consideration of this matter. The State’s motion for an extension of time to file its brief is HELD IN ABEYANCE. FILE COPY _________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court