Comes Now, RANDY ATES, to file his Motion to Abate his appeal in order to obtain a complete record and properly present and perfect his appeal and in support of said motion would show as follows:

I.

Texas Rules of Appellate Procedure; Rule 44.4 requires the Court of Appeals to remand the appeal back to the trial court, if the Appellant claims that the Clerk's Record is incomplete.

In this case Appellant needs a copy of the list of items marked into evidence that are biological in nature including but not limited to hair samples, saliva, articles of clothing, any S.A.N.E. test or reports, etc. that could be exculpatory in nature.

II.

Appellant, also seeks to abate the appeal in order to file his Motion for a New Trial based upon ineffective assistance of defense counsel and/or appellate counsel; Rule 21.3 of T.R.A.P. procedure permits the appellate courts to abate the appeal for a new trial in conjunction with $\S$ 40.001 of the Code of Criminal Procedure.

*2

PRAYER

WHEREFORE, Premises considered the Appellant prays this Court will grant this Motion to Abate to prove his innocence, pursuant to Rule 21.3 of T.R.A.P. and $\S 40.001$ of T.C.C.P. And any remedy that he is entitled to in equity and in law.

Respectfully Submitted,

Randy Ates #1578210 Nathaniel J. Neal Unit 9055 Spur 591 Amarillo, Texas 79107

Mail Box Rule: Dated: August 3, 2016

*3 RANDY ARDS #1578210 NEAU UNIT 9055 SMUR 591 AMARILUS, TX. 79107

CONET. DY APPERLS THIRD DISTRICT P.O. BOX 12547 AU'STIM, TX. 78711 - 2547