Gerald Ray Barrow v. The State of TexasAppeal from County Court of Hale County (memorandum opinion per curiam)

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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 Per Curiam Do not publish. 2

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