NUMBER 13-18-00132-CR AND 13-18-00133-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
CRISTOBAL GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 36th District Court
of San Patricio County, Texas.
ORDER
Before Justices Rodriguez, Contreras, and Hinojosa
Order Per Curiam
Appellant, Cristobal Garcia, filed notices of appeal with this Court from his
conviction in trial court cause numbers S-17-03337CR and S-17-3338CR. The trial
court’s certifications of the defendant’s right to appeal show that defendant has the right
of appeal and that the defendant has waived 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. Because of the
discrepancy of the certification, we abate and remand this case to the trial court for
re-certification of appellant's right of appeal. See TEX. R. APP. P. 34.5(c), 44.3, 44.4.
On remand, the trial court shall immediately issue notice of a hearing and
accordingly conduct a hearing addressing the foregoing matter. We further direct that,
after conducting the hearing, the trial court re-certify whether appellant has the right of
appeal. 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Do not publish.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
13th day of March, 2018.
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