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Date: 05-14-2019
Case Style:
The State of Texas v. Gloria Elizabeth Romero-Perez
Case Number: 03-18-00122-CR
Judge: PER CURIAM Before Justices Goodwin, Baker, and Triana
Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Plaintiff's Attorney: The Honorable Jennifer A. Tharp
Mr. Joshua D. Presley
The Honorable Stacey M. Soule
Mr. Sammy M. McCrary
Defendant's Attorney: Ms. Cathy S. Compton
Description:
The State has filed a motion to abate this appeal and remand the cause to the
district court to conduct a hearing on a formal bill of exception filed by the State. See Tex. R. App.
P. 33.2. Appellee has filed a response in opposition to the abatement, asserting that the State’s
bill of exception was untimely filed. However, appellee also represents that she “would have no
objection” to the district court acting on the bill of exception if the time period for filing a
formal bill of exception had been reset and again triggered by the formal sentencing of appellee on
February 5, 2019.1 We conclude that, under the Rules of Appellate Procedure, the imposition of
appellee’s sentence on February 5, 2019, “reset” the clock on the bill of exception. The rules provide
that if a motion for new trial has been timely filed, a bill of exception must be filed “no later
than 90 days after the trial court pronounces or suspends sentence in open court.” Tex. R. App.
P. 33.2(e)(2)(A). The State filed its bill of exception on February 22, 2019.
Outcome: Accordingly, we grant the State’s motion to abate the appeal, remand the cause to the
district court, and order the district court to conduct a hearing on the State’s bill of exception in
accordance with the procedures described in Texas Rule of Appellate Procedure 33.2. A reporter’s
record of the hearing shall be prepared and filed in the record of this appeal, together with a
supplemental clerk’s record that includes all documents relating to the formal bill of exception filed
by the State. These supplemental records are due to be filed in this Court within 60 days of the date
of this order. The State’s appeal will be reinstated when the supplemental records are filed.2
It is ordered on this the 18th day of April, 2019.
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