Noe Contreras v. State

Fourth Court of Appeals San Antonio, Texas December 29, 2016 No. 04-16-00670-CR Noe CONTRERAS, Appellant v. The STATE of Texas, Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 15-08-14189-CR Honorable Richard C. Terrell, Judge Presiding ORDER The clerk’s record was filed in this court on November 30, 2016 and includes a Plea Memorandum, reflecting that appellant Noe Contreras pled guilty to two counts of indecency with a child. The record also contains a copy of the Judgment of Conviction, wherein appellant was sentenced to fifteen years confinement in the Texas Department of Criminal Justice – Institutional Division. However, the record does not contain a copy of the trial court’s certification of defendant’s right of appeal as required by Rule 25.2(a)(2)(d) of the Texas Rules of Appellate Procedure. A clerk’s record in criminal cases must include the trial court’s certification of defendant’s right of appeal. TEX. R. APP. P. 34.5(a)(12). Accordingly, we order the Jim Wells County District Clerk to prepare a supplemental clerk’s record that includes a copy of the trial court’s certification of defendant’s right of appeal. We further order the Jim Wells County District Clerk to file the supplemental clerk’s record containing the certification in this court on or before January 9, 2017. See TEX. R. APP. P. 34.5(c)(1). We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, and all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2016. ___________________________________ Keith E. Hottle Clerk of Court