Opinion
13-24-00075-CR
03-22-2024
AUBREY FLOYD HART SR., Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(B).
ON APPEAL FROM THE 424TH DISTRICT COURT OF BURNET COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Pena
ORDER OF ABATEMENT
PER CURIAM
The cause is before the court on its own motion. On January 25, 2024, the Clerk of the Court notified the trial court that the certification of defendant's right to appeal was defective because it was not signed and dated by the trial court judge. See TEX. R. APP. P. 25.2(a)(2). On February 27, 2024, and March 15, 2024, the Clerk of the Court requested the trial court certificate from the district clerk.
To date, we have not received a signed certification or a response from the trial court or its clerk. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(2). Accordingly, this appeal is abated, and the cause remanded to the trial court.
On remand, if a trial court certification has been entered, the trial court shall cause a signed and dated certificate to be provided to the Clerk of the Court within five days of this order. However, if a trial court certification has not been signed and entered, the trial court shall notify us within five days of the date of this order and immediately issue notice of a hearing and 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 and shall cause such certification to be filed with the Clerk of the Court within thirty days 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.
The trial court shall cause a signed and dated certificate of defendant's right of appeal within five days of this order or notify us that a certification has not been signed. The trial court shall cause its findings and orders, if any, to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.