TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00249-CR
Ex Parte: Juan Valenzuela-Rodriguez
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 62936-A, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
Juan Valenzuela-Rodriguez has filed a notice of appeal from the district court’s
findings of fact and conclusions of law and order denying his application for post-conviction writ
of habeas corpus. See Tex. Code Crim. Proc. art. 11.09. The clerk’s record contains a trial-court
certification stating that Valenzuela-Rodriguez has waived his right to appeal. However, that
certification relates to his judgment of conviction in cause number 62,936. The record in cause
number 62,936-A does not contain a certification of Valenzuela-Rodriguez’s right to appeal the
district court’s findings of fact and conclusions of law and order denying his application for
post-conviction writ of habeas corpus.
The rules of appellate procedure provide, “The trial court shall enter a certification
of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.”
Tex. R. App. P. 25.2(a)(2). Accordingly, we abate this cause and remand it to the district court for
entry of a certification of Valenzuela-Rodriguez’s right of appeal in cause number 62,936-A. See
Tex. R. App. P. 34.5(c), 37.1, 44.4; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).
Once entered, the certification shall be included in a supplemental clerk’s record and filed with this
Court no later than 10 days from the date of this opinion.
Before Chief Justice Jones, Justices Goodwin and Field
Abated
Filed: May 15, 2013
Do Not Publish
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