State v. Hernandez

The State has filed a motion for leave to late file the certified transcript in this appeal from the trial court’s order granting Appellee’s motion for new trial. That motion was the result of this Court’s notice to the State that the Transcript, received on March 16, 1989, was not timely. Having reconsidered Tex.R.App.P. 54(b), specifically that portion providing, “If a motion for new trial is timely filed, the transcript and statement of facts shall be filed within one-hundred-twenty days after the day sentence is imposed or suspended in open court or the order appealed from had been…