River Mascari v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-16-00279-CR RIVER MASCARI, § Appeal from the Appellant, § 210th District Court v. § of El Paso County, Texas THE STATE OF TEXAS, § (TC# 20120D06121) State. § ORDER The trial court judge has verbally informed the Clerk’s Office that Appellant does not have a right to appeal. The trial court has not, however, entered a written certification of the Appellant’s right to appeal as required by the Rules of Appellate Procedure. See TEX.R.APP.P. 25.2(d), Appendix D. Accordingly, the trial court is ordered to enter the required certification and file it with the trial court clerk within thirty days of the date of this order. See Cortez v. State, 420 S.W.3d 803 806-07 (Tex.Crim.App. 2013). If the trial court is unable to obtain the defendant’s signature on the certification, the trial court should nevertheless certify whether Appellant has a right to appeal and file the certification without the Appellant’s signature. The trial court clerk shall provide a copy of the certification to this Court as soon as possible, but not later than three days after it is filed. See TEX.R.APP.P. 25.2(e). IT IS SO ORDERED this 7th day of December, 2016. PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.