TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00079-CR
Michael David Juarez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT
NO. 14170, HONORABLE REVA TOWSLEE-CORBETT, JUDGE PRESIDING
MEMORANDUM OPINION
In December 2012, appellant pled guilty to assault–family violence and was placed
on probation for two years. In April 2012, the State filed a motion to revoke, and in December 2012,
appellant pled true. The trial court revoked his probation and sentenced him to one year in the county
jail. At the hearing on the State’s motion to revoke, the trial court stated on the record that the case
was not a plea-bargain case and that appellant had the right to appeal. The only certification of his
right to appeal, however, is from the original December 2010 conviction and states that the cause
was a plea-bargain case and that appellant had no right to appeal.1
In determining whether an appellant in a criminal case has the right to appeal, we
examine the trial court’s certification for defectiveness, defined as a certification that is “correct in
form but which, when compared to the record before the court, proves to be inaccurate.” Dears v.
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Appellant and his trial counsel both signed the certification form.
State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005). If the certification appears to be defective, we
must obtain a correct certification. Id. at 614-15; see also Tex. R. App. P. 34.5(c), 37.1.
In this case, the record does not include a trial court’s certification from the
December 2012 probation revocation, which is the proceeding from which appellant wishes to
appeal. Therefore, we abate the appeal and remand it to the trial court to issue a new certification
related to that proceeding. See Dears, 154 S.W.3d at 614-15; Tex. R. App. P. 37.1. The trial court
clerk is instructed to forward a supplemental clerk’s record containing the amended certification
to the clerk of this court no later than September 6, 2013.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Rose and Goodwin
Abated
Filed: August 8, 2013
Do Not Publish
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