Marco Medrano v. State

NUMBER 13-17-00150-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MARCO MEDRANO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 319th District Court
of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Contreras, and Hinojosa
Order Per Curiam
The State filed a motion for rehearing in this matter on April 5, 2018. The State
asserts that for purposes of enhancing of appellant’s sentence, appellant had a prior
felony conviction for burglary, which is shown by appellant’s presentence investigation
report. After due consideration, the Court has determined that supplementation of the
motion is necessary. See TEX. R. APP. P. 49.1 (“The motion must clearly state the points
relied on for the rehearing.”); see also id. R. 49.3. By this order, the Court hereby
requests that the State supplement its motion for rehearing to address how the
presentence investigation report sufficiently evidences any prior conviction that may
support a sentence enhancement. See id. R. 49.3; see also id. R. 49.6; TEX. PENAL CODE
ANN. § 12.42 (West, Westlaw through 2017 1st C.S.). Supplementation shall be filed
within twenty-one days from the date of this order.
The Court hereby further requests a response from appellant. See TEX. R. APP.
P. 49.2. Appellant’s response, if any, shall be filed within twenty-one days after the
State’s supplementation. See id.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
12th day of April, 2018.
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