Gerald Ray Barrow v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00046-CR
GERALD RAY BARROW, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court
Hale County, Texas
Trial Court No. 2012C-427, Honorable Bill Coleman, Presiding
May 14, 2013
ORDER OF ABATEMENT
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant Gerald Barrow filed a notice of appeal challenging his conviction and
sentence for family violence assault causing bodily injury. He also filed in the trial court
a motion for new trial, and by order signed April 17, 2013, the trial court granted
appellant’s motion for new trial. In a letter to the parties, we questioned our continuing
appellate jurisdiction in the case. Appellant responded with a motion requesting we
abate the appeal until after the deadline for the State to file a notice of appeal from the
trial court’s order or the disposition of the State’s appeal. On May 3, 2013, the State
filed a notice of appeal. See State v. Barrow, No. 07-13-0147-CR.
We therefore abate this appeal, case number 07-13-0046-CR, until reinstated by
order of this Court. See Mathews v. State, No. 05-11-00490-CR, No. 05-11-00491-CR,
No. 05-11-00492-CR, No. 05-11-00493-CR, 2013 Tex. App. Lexis 3089 (Tex.App.--
Dallas Mar. 21, 2013, n.p.h.) (mem. op., not designated for publication) (abating
defendant’s appeals during pendency of State’s appeals of orders granting new trials).
It is so ordered.
Per Curiam
Do not publish.
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