ACCEPTED
01-15-00397-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/7/2015 3:11:07 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00397-CR
IN THE COURT OF APPEALS FOR THE
FILED IN
1st COURT OF APPEALS
FIRST SUPREME JUDICIAL DISTRICT OF TEXAS
HOUSTON, TEXAS
HOUSTON, TEXAS 7/7/2015 3:11:07 PM
CHRISTOPHER A. PRINE
----------------------------------------------------------------- Clerk
NO. 1434115
IN THE 179TH DISTRICT COURT OF
HARRIS COUNTY, TEXAS
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AUGUSTUS MITCHELL, Appellant
VS.
THE STATE OF TEXAS, Appellee
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APPELLANT'S MOTION TO ABATE PURSUANT TO TEX.R.APP.PRO. 2
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
AUGUSTUS MITCHELL, Appellant in the above styled and numbered cause, files his
Motion to Abate pursuant to Tex.R.App.Pro. 2, and in support thereof would show unto the Court
the following:
I.
Appellant was informed this date that Appellant’s brief is due August 5, 2015
II.
Appellant has previously filed a motion for a judgment nunc pro tunc to correct errors in the
judgment and sentence. It is necessary to supplement the record with that motion and the
corrected judgment and sentence nunc pro tunc.
III.
Appellant is requesting that the clerk supplement the record, and has filed a motion with
this court to supplement the record.
IV.
Appellant is requesting that the Court abate this appeal pending the supplementation of the
record with a corrected judgment and sentence.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Honorable
Court grant this motion, abate the cause, pending supplementation of the record.
Respectfully submitted,
/s/ Joseph W. Varela
JOSEPH W. VARELA
Texas Bar No. 20496400
Suite 247
2500 East TC Jester Blvd.
Houston, Texas 77008
(713) 957-0440
Fax (713) 957-2862
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was served on the Appellate Division of the
District Attorney's Office, 1201 Franklin, Houston, Texas 77002, by U.S. Mail, on the 7th day of
July, 2015.
/s/ Joseph W. Varela
JOSEPH W. VARELA