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Garcia v. State

Court of Appeals Seventh District of Texas at Amarillo
Oct 23, 2020
No. 07-20-00241-CR (Tex. App. Oct. 23, 2020)

Opinion

No. 07-20-00241-CR

10-23-2020

ALBERT LEE SANDEFUR GARCIA, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 287th District Court Bailey County, Texas
Trial Court No. 3053, Honorable Gordon H. Green, Presiding

ORDER OF ABATEMENT AND REMAND

Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Albert Lee Sandefur Garcia, appeals the trial court's judgment revoking his community supervision and sentencing him to ten years' confinement for the offense of assault. The clerk's record has been filed but does not contain the trial court's certification of appellant's right to appeal the judgment. See TEX. R. APP. P. 25.2(a)(2) (requiring the trial court to issue a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order). By letter of September 11, 2020, we notified the trial court of the omission and requested that the court file a certification with the trial court clerk by October 12, 2020. See TEX. R. APP. P. 37.1. The trial court clerk has notified us that no certification has yet been filed.

TEX. PENAL CODE ANN. § 22.01(b)(2)(B) (West Supp. 2020) (third-degree felony offense).

Accordingly, we now abate the appeal and remand the cause to the trial court to prepare a certification of appellant's right of appeal in accordance with Rule of Appellate Procedure 25.2(d). The certification shall be included in a supplemental clerk's record filed with the Clerk of this Court by November 23, 2020. See TEX. R. APP. P. 34.5(c)(2).

It is so ordered.

Per curiam Do not publish.


Summaries of

Garcia v. State

Court of Appeals Seventh District of Texas at Amarillo
Oct 23, 2020
No. 07-20-00241-CR (Tex. App. Oct. 23, 2020)
Case details for

Garcia v. State

Case Details

Full title:ALBERT LEE SANDEFUR GARCIA, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Oct 23, 2020

Citations

No. 07-20-00241-CR (Tex. App. Oct. 23, 2020)