Jeycool Penaperez v. the State of Texas

Order entered December 30, 2022




                                     In The
                             Court of Appeals
                      Fifth District of Texas at Dallas

                              No. 05-22-00743-CR

                     JEYCOOL PENAPEREZ, Appellant

                                        V.

                      THE STATE OF TEXAS, Appellee

               On Appeal from the 363rd Judicial District Court
                            Dallas County, Texas
                    Trial Court Cause No. F21-34280-W

                                     ORDER

      Before the Court is appellant’s motion to abate the appeal. Appellant states

that the State has filed in the trial court a motion for judgment nunc pro tunc to

correct clerical errors in the judgment. Appellant asks that we abate the appeal to

allow the trial court to act on the State’s motion. We GRANT appellant’s motion.


      We ORDER the trial court to rule on the State’s motion for judgment nunc

pro tunc and to transmit to this Court in a supplemental clerk’s record the amended
judgment or an order denying the motion within THIRTY DAYS of the date of

this order.


       We DIRECT the Clerk to send copies of this order to the Honorable Tracy

Holmes, Presiding Judge of the 363rd Judicial District Court, and to counsel for all

parties.


       We ABATE the appeal to permit the parties and the trial court to comply

with this order. The appeal will be reinstated when the record transmitted by the

trial court is received or at such other time as the Court deems proper.




                                              /s/    ERIN A. NOWELL
                                                     JUSTICE