Erick Herman Santos-Valdez v. State

Order filed December 13, 2012.

In The

Fourteenth Court of Appeals

____________ NO. 14-12-01021-CR ____________

ERICK HERMAN SANTOS-VALDEZ, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 56th District Court Galveston County, Texas Trial Court Cause No. 11CR1634 ORDER

The clerk’s record in this appeal was filed December 4, 2012, but no reporter’s record has been filed. Our review has determined that a relevant item has been omitted from the clerk's record. See Tex. R. App. P. 34.5(c). The record contains appellant’s First Amended Motion for New Trial filed November 13, 2012, more than thirty days after appellant was sentenced on October 9, 2012. The record does not contain appellant’s first motion for new trial. The motion is necessary for the court to determine whether a motion for new trial was timely filed so as to extend time for filing the reporter’s record in this appeal. See Tex. R. App. P. 35.2(b).

The Galveston County District Clerk is directed to file a supplemental clerk’s record on or before December 28, 2012, containing appellant’s first motion for new trial.

If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file.

PER CURIAM