Augustus Mitchell v. State ( 2015 )

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 ----------------------------------------------------------------- AUGUSTUS MITCHELL, Appellant VS. THE STATE OF TEXAS, Appellee ----------------------------------------------------------------- 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