Opinion
13-23-00533-CR
02-13-2024
DEIRA ALAN GLOVER, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal from the 357th District Court of Cameron County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM.
This cause is before us on appellant's motion to amend the trial court's certification of defendant's right of appeal. Appellant, Deira Alan Glover, has filed a notice of appeal with this Court from his conviction in trial court cause number 2021-DCR-00914-E. However, the trial court's certification of the defendant's right to appeal shows that the defendant does not have the right to appeal. See Tex. R. App. P. 25.2(a)(2).
Appellant's motion indicates appellant may have preserved the right to appeal in whole or part and requests that the trial court certificate be amended to accurately reflect defendant's right to appeal.
This sequence of events requires us to effectuate our responsibility to ensure an accurate and timely record, to avoid further delay, and to preserve the parties' rights. See Tex.R.App.P. 34.4(d) and 35.3(a), (c). Therefore, we abate this appeal and remand this cause to the trial court for a hearing to determine whether the record is complete and accurate, whether the trial court certification accurately reflects defendant's right to appeal, and whether an amended trial court certification is required. We further direct the trial court to issue findings of fact and conclusions of law regarding these issues. The trial court's amended certification, if any, and any orders it enters shall be included in a supplemental clerk's record. The trial court is directed to cause a supplemental clerk's record and a supplemental reporter's record to be filed with the Clerk of this Court within thirty days of the date of this order.