IN THE
TENTH COURT OF APPEALS
No. 10-15-00032-CR
DAMON LAVELLE ASBERRY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2007-1625-C2A
ORDER
The Court has received the Court of Criminal Appeals’ mandate which issued on
January 3, 2017. This appeal was remanded for reconsideration in light of all the evidence
before the trial court in making its ruling.
We abated this appeal on January 18, 2017 to the trial court for preparation of a
record for our review of the merits of the appeal. It is reinstated as of the date of this
order.
The appeal now stands at the point as if the record has just been filed, and
appellant's brief on remand is due 30 days from the date of this order. See TEX. R. APP. P.
38.6(a); Robinson v. State, 790 S.W.2d 334, 335-36 (Tex. Crim. App. 1990). The State’s brief
on remand is due 30 days after appellant’s brief is filed. TEX. R. APP. P. 38.6(b). Because
the record was not complete at the time the initial briefing in this appeal occurred, the
parties will not be able to rely on their prior briefs.
If a brief on remand is not timely filed, this proceeding must be abated to the trial
court for a hearing to determine why no brief has been timely filed on behalf of appellant.
TEX. R. APP. P. 38.8(b).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed March 8, 2017
Asberry v. State Page 2