NUMBER 13-16-00492-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DAVID ALTON LEACH, JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 139th District Court
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Appellant, Jesus Roberto Martinez, filed a notice of appeal with this Court from his
conviction in trial court cause number CR-5101-15-C. The judgment signed on January
12, 2016 indicates sentence was imposed on January 12, 2016. Appellant’s counsel has
filed a docketing statement that states sentence was imposed on June 2, 2016. The
docket sheet reflects a hearing was held on June 2, 2016. According to the trial court
clerk, the original judgment was signed by the trial court on January 12, 2016, but
defendant was not sentenced at that time. Appellant filed a notice of appeal on June 23,
2016.
Accordingly, we now abate the appeal to the trial court for a determination
regarding the date sentence was imposed. The trial court shall issue findings of fact and
conclusions of law regarding the date that sentence was imposed, and, if the date shown
on the judgment is incorrect, to reflect the change in a corrected judgment. These
documents should be forwarded to the Clerk of this Court in a supplemental record within
twenty-one days from the date of this order.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this
the 21st day of October, 2016.
2