On December 23, 2020, the 13th District of Texas, Court of Appeals, has required, through abatement, that the Trial Court conduct a hearing to sort out matters.
There were many issues within the case file and now, they will require explanation. Most recently, we found out someone submitted to the Court of Appeals, that the defendant was on a “plea bargain;” yet, that is incorrect. In technical terms pleading “no contest,” may be taken as a “plea bargain,” even when it’s not.
We wonder if those involved in the actions to portray this cause in their favor and against proper procedures have considered how the process would really play out?
“Because of the ambiguity of the record and certification,” the matter has been ordered for a hearing within the Trial Court. Again, we do not believe the Judge is involved in any of these matters, but now she will be made aware of everything which has occurred. She will be able to use her discretion, as was motioned, then a District Attorney motion was entered and supposedly signed; however, no order exists.
The hearing will require the State to answer the concerns. The judge will be allowed to use her independent discretion to decide what to do.
This matter may not need to be moved back to the Court of Appeals; however, after thirty days without answer, the Court of Appeals would have to move in favor of the defendant.