Order entered December 30, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00743-CR JEYCOOL PENAPEREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F21-34280-W ORDER Before the Court is appellant’s motion to abate the appeal. Appellant states that the State has filed in the trial court a motion for judgment nunc pro tunc to correct clerical errors in the judgment. Appellant asks that we abate the appeal to allow the trial court to act on the State’s motion. We GRANT appellant’s motion.

We ORDER the trial court to rule on the State’s motion for judgment nunc pro tunc and to transmit to this Court in a supplemental clerk’s record the amended judgment or an order denying the motion within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes, Presiding Judge of the 363rd Judicial District Court, and to counsel for all parties.

We ABATE the appeal to permit the parties and the trial court to comply with this order. The appeal will be reinstated when the record transmitted by the trial court is received or at such other time as the Court deems proper.

/s/ ERIN A. NOWELL JUSTICE