IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 27, 2007
______________________________
JUAN A. SOLIS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE _________________________________
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NO. B16671-0602; HONORABLE ED SELF, JUDGE _______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ORDERAfter appellant Juan Solis pled guilty to the felony offense of driving while intoxicated, punishment was tried to a jury. The trial court assessed punishment at seven years confinement in conformity with the jury's verdict. It also executed a certificate stating appellant had waived the right to appeal. Appellant nevertheless filed a notice of appeal "from the judgment of the court sentencing him to 7 years in the Texas Department of Criminal Justice Institutional Division." On receipt of the clerk's record, the clerk of this Court notified appellant in accordance with Rule of Appellate Procedure 25.2(d) the appeal was subject to dismissal unless the Court received an amended certification showing the right to appeal or other grounds for continuing the appeal. In response, appellant argues his waiver of the right to appeal occurred before punishment, applied only to his plea of guilty, and does not bar presentation of challenges to errors arising in the punishment phase of trial. The State has filed a response agreeing appellant has a limited right to appeal issues arising during the jury trial on punishment. We find the certification of appellant's right to appeal is defective because it does not reflect appellant's limited right to appeal shown in the record. See Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005). Accordingly, we direct the trial court to enter a certification of appellant's right to appeal which is consistent with the record, and have prepared a supplemental record containing the amended certification. Tex. R. App. P. 25.2(d); 34.5(c)(2); 37.1. If for any reason the supplemental record containing the amended certification cannot be filed with this Court's clerk by Monday, March 9, 2007, the trial court clerk shall request an extension of time from this Court.
Per Curiam
Do not publish.