NUMBER 13-18-00321-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ORLANDO CAMPOS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 156th District Court
of Bee County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Appellant, Orlando Campos appearing pro se, appeals the trial court’s order dated
May 29, 2018 denying his post-conviction motion for forensic DNA testing under Chapter
64 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. arts.
64.01-.05 (West, Westlaw through 2017 1st C.S.).
On October 12, 2016, appellant was convicted for possession of a controlled
substance with intent to deliver, tampering with physical evidence, and unlawful
possession of a firearm by felon. The trial court’s certification of the defendant’s right to
appeal is dated October 12, 2016 and states that this “is not a plea-bargain case, and the
defendant has the right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
The record does not contain a certification of defendant’s right to appeal showing
that appellant has the right to appeal denial of his DNA motion under Chapter 64. Texas
Rule of Appellate Procedure 25.2(a)(2) requires the trial court to enter certification of
defendant’s right of appeal “each time it enters a judgment of guilt or other appealable
order.” See id. 25.2(a)(2).
Accordingly, this matter is ABATED and REMANDED to the trial court to prepare
an amended certification of appellant’s right of appeal consistent with the record. See
TEX. R. APP. P. 25.2(f); Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005).
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 certify whether appellant has the right of appeal.
The trial court's 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.
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It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
27th day of July, 2018.
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