TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. CR2002-138, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING
PER CURIAM
The trial court's certification of the right of appeal filed in this cause states that this is a plea-bargain case and the defendant has no right of appeal, and also that the defendant waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). The statement that this is a plea-bargain case conflicts with the district court's judgment, which reflects that appellant was tried, convicted, and sentenced by a jury on a plea of not guilty. (1) Also, there is no waiver of appeal in the record now before us. Finally, the certification bears the signature of a lawyer who is not appellant's counsel.
Because it appears that a mistake has been made, the district court is instructed to prepare a new certification of the defendant's right of appeal and to file the completed and signed certification with the district clerk. Tex. R. App. P. 37.1. The revised certificate of appeal shall be forwarded to this Court in a supplemental clerk's record no later than October 21, 2003.
It is ordered October9, 2003.
Before Chief Justice Law, Justices Kidd and Puryear
Do Not Publish
1. The Court has received the reporter's record from appellant's four-day jury trial.