NUMBER 13-14-00483-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
RANDALL LEE BENNETT, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 319th District Court
of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Benavides
Order Per Curiam
Appellant, Randall Lee Bennett, has filed a notice of appeal with this Court from his
conviction in trial court cause number 13-CR-2898-G. The trial court’s certification of the
defendant’s right to appeal shows that the defendant does not have the right to appeal. See
TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an appeal
must be dismissed if a certification showing that a defendant has a right of appeal is not
made a part of the record. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4.
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Within thirty days of this notice, appellant’s lead appellate counsel, James Story, is
hereby ORDERED to: 1) review the record; 2) determine whether appellant has a right to
appeal; and 3) forward to this Court, by letter, counsel’s findings as to whether appellant has
a right to appeal and/or advise this Court as to the existence of any amended certification.
If appellant’s counsel determines that appellant has a right to appeal, counsel is further
ORDERED to file a motion with this Court within thirty days of this notice, identifying and
explaining substantive reasons why appellant has a right to appeal. See TEX. R. APP. P. 44.3,
44.4; see also, e.g., Carroll v. State, No. 04-03-00473-CR, 2003 Tex. App. LEXIS 7317 (San
Antonio 2003, no pet.) (designated for publication) (certification form provided in appendix to
appellate rules may be modified to reflect that defendant has right of appeal under
circumstances not addressed by the form). The motion must include an analysis of the
applicable case law, and any factual allegations therein must be true and supported by the
record. Cf. Woods v. State, 108 S.W.3d 314, 316 (Tex. Crim. App. 2003) (construing former
appellate rule 25.2(b)(3) and holding that recitations in the notice of appeal must be true and
supported by the record). Copies of record documents necessary to evaluate the alleged
error in the certification affecting appellant’s right to appeal shall be attached to the motion.
See TEX. R. APP. P. 10.1, 10.2.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
22nd day of August 2014.
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