ACCEPTED 05-15-01020-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 10/1/2015 11:11:43 AM

Dallas County LISA MATZ CLERK Public Defender’s Office FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 10/1/2015 11:11:43 AM October 1, 2015 LISA MATZ Clerk

Lisa Matz, Clerk Court of Appeals, 5th District Commerce Street, Suite 200 Dallas, Texas 75202 Re: Miguel Enrique Hernandez v. The State of Texas Trial Court No: F-1476506-T Appellate Court No: 05-15-01020-CR Motion to Abate Appeal Dear Ms. Matz, On September 21, 2015, the trial court granted Appellant’s motion for new trial.

Please consider this a motion to abate Appellant’s appeal until the time for the State to appeal the trial court’s motion has expired. At that time, Appellant can dismiss his appeal, if appropriate.

The trial court’s docket sheet entry is enclosed for your convenience.

Respectfully submitted,

/s/ Riann C. Moore Lynn Richardson Riann C. Moore Chief Public Defender Assistant Public Defender Dallas County, Texas State Bar No. 24050279 Frank Crowley Courts Building N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 875-2361 (phone) (214) 875-2363 (fax) [email protected]

 133 N. Riverfront Blvd., 9th Floor, LB 2  Dallas Texas 75207-4313  Phone: (214) 653-3550  Fax: (214) 653-3539  CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing letter brief was served on the Dallas County Criminal District Attorney’s Office (Appellate Section), 133 N. Riverfront Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by e-service on October 1, 2015.

/s/ Riann C. Moore Riann C. Moore