NUMBER 13-16-00238-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ROY HOOT GIBSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On Appeal from the 36th District Court
of San Patricio County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
Appellant, Roy Hoot Gibson, has filed a notice of appeal with this Court from his
conviction in trial court cause number S-15-3227CR. The trial court's certification of the
defendant's right to appeal shows this “is a plea-bargain case, and the defendant has NO
right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On April 27, 2016, we ordered appellant's counsel, Joel H. Thomas, to, within thirty
days, review the record and advise this Court as to whether appellant has a right to
appeal. See TEX. R. APP. P. 44.3, 44.4. Counsel’s response indicates appellant filed a
motion for new trial alleging his plea was involuntary due to his incompetence to stand
trial. The trial court denied the motion for new trial following a hearing where appellant
introduced evidence as to the involuntariness of his plea. Counsel asserts appellant has
the right to appeal the trial court’s denial of his motion for new trial. Counsel advises this
Court that there is no amended or additional certification.
Therefore, we ABATE this appeal and REMAND this cause to the trial court for a
hearing to determine whether the appellant has the right of appeal. We further direct the
trial court to issue findings of fact and conclusions of law regarding these issues. The
trial court's amended certification, and any orders it enters shall be included in a
supplemental clerk's record. The trial court is directed to cause the supplemental clerk's
record to be filed with the Clerk of this Court within thirty days of the date of this order.
Should the trial court require more time to comply with the directions of this Court, it shall
request an extension prior to the expiration of this deadline.
It is so ORDERED.
PER CURIAM
Do not publish. TEX. R. APP. P. 47.2(b).
Delivered and filed this
the 27th day of May, 2016.
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