Opinion
No. 04-17-00079-CR
03-31-2017
Derek C. ATKINS, Appellant v. The STATE of Texas, Appellee
From the County Court, Atascosa County, Texas
Trial Court No. 31690
Honorable Lynn Ellison, Judge Presiding
ORDER
The trial court imposed judgment of conviction and sentence in this cause based upon a jury's finding that appellant was guilty of making silent or abusive calls to 9-1-1. Appellant filed a notice of appeal and requested an appeal bond. The trial court granted the appeal bond and ordered appellant released.
Upon review of the clerk's record, the trial court's certification of right to appeal indicates appellant waived his right to appeal; however, the record contains no waiver or other indication of any waiver of right to appeal.
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." TEX. R. APP. P. 25.2(d). Therefore, we abate this appeal to the trial court for examination of the record to determine whether a new certification of right to appeal should be issued.
If appellant did waive the right to appeal, we request the trial court cause the waiver be made part of the appellate record. Any new certification of right to appeal or any notice that the trial court will not be filing a new certification shall be filed on or before April 12, 2017.
All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of March, 2017.
/s/_________
Keith E. Hottle
Clerk of Court