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Phillip Wayne Griffisphillip Wayne v. the State of Texas

April 24, 2013

PHILLIP WAYNE GRIFFISPHILLIP WAYNE GRIFFIS, APPELLANTAPPELLANT
v.
THE STATE OF TEXAS, APPELLEE



From the 7th District Court, Smith County, Texas Trial Court No. 007-1767-08 The Honorable Kerry L. Russell, Judge Presiding

The opinion of the court was delivered by: Patricia O. Alvarez, Justice

ORDER

Appellant Phillip Wayne Griffis is representing himself on appeal. On April 15, 2013, Appellant filed a motion to abate this appeal and remand the cause to the trial court for a hearing on an out-of-time motion for new trial. See TEX. R. APP. P. 2, 44.4. On April 19, 2013, Appellant filed a first amended motion to abate. On April 22, 2013, Appellant filed a second amended motion to abate.

Appellant's motions are DENIED. See Oldham v. State, 977 S.W.2d 354, 360 (Tex. Crim. App. 1998); Pettway v. State, 4 S.W.3d 390, 391 (Tex. App.-Houston [1st Dist.] 1999, order) (per curiam), disp. on merits, 01-99-00500-CR, 2000 WL 210579 (Tex. App.-Houston [1st Dist.] Feb. 24, 2000, pet. ref'd) (not designated for publication). poa

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of April, 2013.

Keith E. HottleClerk of Court

20130424

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