Order entered June 17, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01300-CR
RAUL R. RICOY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-54024-P
ORDER
The trial court’s certification reflects that appellant waived his right to appeal. After
reviewing the record, the Court questions the accuracy of the certification. Specifically, although
the plea form signed at the hearing on the State’s motion to adjudicate guilt has the box checked
that states appellant waives his right to appeal, the record reflects that appellant pleaded true to
the allegations in the motion to adjudicate without benefit of a plea bargain. The hearing on the
motion to adjudicate was conducted on one day and the trial court sentenced appellant on a
different day. Nothing in the record reflects any agreement between appellant and the State as to
the sentence imposed, nor does the record contain anything to show appellant waived his right to
appeal after he knew what his sentence would be. Therefore, it appears the certification may be
incorrect. Additionally, appellant’s brief is overdue.
Accordingly, we ORDER the trial court to conduct a hearing to determine why
appellant’s brief has not been filed. In this regard, the trial court shall make appropriate findings
and recommendations and determine the following:
Whether appellant waived his right to appeal in conjunction with a plea agreement
with the State or after appellant was aware of the sentence that would be imposed.
See Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006); Blanco v. State,
18 S.W.3d 218 (Tex. Crim. App. 2000). If the trial court determines that
appellant waived his right to appeal in one of the manners set out above, it shall
make a finding to that effect.
If the trial court determines appellant did not waive his right to appeal, the trial
court shall prepare an amended rule 25.2(d) certification that accurately reflects
the trial court proceedings.
The trial court shall next determine whether appellant desires to prosecute the
appeal, whether appellant is indigent, or if not indigent, whether retained counsel
has abandoned the appeal. See TEX. R. APP. P. 38.8(b). If the trial court cannot
obtain appellant’s presence at the hearing, the trial court shall conduct the hearing
in appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.–Corpus
Christi 1987, no pet.) (per curiam).
We ORDER the trial court to transmit a record of the proceedings, which shall include
written findings and recommendations, any orders, and any supporting documentation, to this
Court within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The
appeal shall be reinstated thirty days from the date of this order or when the findings are
received, whichever is earlier.
/s/ LANA MYERS
JUSTICE