ACCEPTED
03-15-00289-CR
7177117
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/30/2015 7:41:51 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00289-CR
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
9/30/2015 7:41:51 PM
FOR THE
JEFFREY D. KYLE
THIRD SUPREME JUDICIAL DISTRICT Clerk
AT AUSTIN, TEXAS
RAFAEL HERNANDEZ-PRADO,
Appellant
vs.
THE STATE OF TEXAS,
Appellee
Appeal from the 33rd Judicial District Court
Cause No. 9767
Burnet County, Texas
The Honorable J. Allan Garrett, Judge Presiding
APPELLANT'S MOTION TO ABATE
Gary E. Prust
State Bar No. 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
ATTORNEY FOR APPELLANT
Motion to Abate Page 1 of 4
Hernandez-Prado v. State
Appellate Cause No. 03-15-00289-CR
ORAL ARGUMENT IS NOT REQUESTED
APPELLANT’S MOTION TO ABATE
Appellant, Rafael Hernandez-Prado, files this, his “Motion to Abate,” and in
support thereof shows as follows.
I.
1. Appellant appeals from an order adjudicating his guilt and a sentence
imposing 15 years confinement.
2. Concurrent with this appeal, Appellant filed an appeal from a denial of his
application for writ of habeas corpus filed pursuant to TEX. CODE CRIM. PROC. art.
11.072 (West 2015). In the trial court proceedings, Appellant’s application for a
writ of habeas corpus and the State’s request to adjudicate were heard at the same
time. IV RR 15.
3. Appellant has filed on September 30, 2015 a motion to abate with this Court
in the appeal of the companion case regarding the application for writ of habeas
corpus. In that motion, Appellant requested the Appellate Court direct the trial
court to enter written findings of fact and conclusions of law.
4. Appellant’s motion to abate, if granted, and will be beneficial, if not
necessary, to adequately address the issues raised in this appeal.
6. Accordingly, Appellant request that this Court abate this appeal along with
Motion to Abate Page 2 of 4
Hernandez-Prado v. State
Appellate Cause No. 03-15-00289-CR
the appeal in cause number 03-15-00290-CR for the submission of findings of fact
and conclusions of law.
Respectfully submitted,
/s/ Gary Prust
Gary E. Prust
SBN 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
Attorney for Appellant
Motion to Abate Page 3 of 4
Hernandez-Prado v. State
Appellate Cause No. 03-15-00289-CR
CERTIFICATE OF SERVICE
In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure,
the undersigned attorney certifies that a true and correct copy of the foregoing
Motion was served Mr. Gary Bunyard of the 33rd and 424th District Attorney’s
Office via electronic service through efile.txcourts.gov on this 30th day of
September 2015.
/s/ Gary E Prust
Gary E. Prust
CERTIFICATE OF CONFERENCE
In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, the undersigned attorney certifies he conferred with Mr. Gary Bunyard
of the 33rd and 424th District Attorney’s Office on this 30th day of September
2015, and opposing counsel neither joins nor opposes this motion.
/s/ Gary Prust
Gary E. Prust
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains
196 words. This is a computer-generated document created in Microsoft word,
using 14-point typeface. In making this this certificate, I rely on the word county
provided by the software use to prepare the document.
/s/ Gary Prust
Gary E. Prust
Motion to Abate Page 4 of 4
Hernandez-Prado v. State
Appellate Cause No. 03-15-00289-CR
Rafael Hernandez-Prado v. State
Combined Opinion