Steven Wayne Fisher v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Steven Wayne Fisher v. The State of Texas Appellate case number: 01-15-00339-CR Trial court case number: 1428579 Trial court: 263rd District Court of Harris County Appellant has filed a motion to abate this appeal for the trial court to issue a corrected Certification of the Defendant’s Right to Appeal indicating that the underlying case is not a plea bargain case and the defendant has the right to appeal. Appellant notes that the clerk’s record contains a January 7, 2015 Certification stating that the case was a plea bargain case and the defendant does not have the right to appeal. But the notice of appeal on file with this Court attaches a corrected Certification issued on the same day striking its prior statement and stating that the case “is not a plea bargain case, and the defendant has the right to appeal.” Accordingly, because a corrected Certification has been issued with the statement requested by appellant, the motion to abate is dismissed as moot. It is so ORDERED. Judge’s signature: /s/ Jane Bland Acting individually Date: February 14, 2017