Opinion
05-22-00469-CR 05-22-00470-CR
01-04-2023
RUBEN OMAR MORENO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause Nos. CR18-2212, CR18-2213
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
We REINSTATE these appeals. On November 23, 2022, we ordered the trial court to appoint new counsel for appellant. On December 21, 2022, the trial court appointed Ted Sansom attorney for appellant. Accordingly, we DIRECT the Clerk to substitute Ted Sansom as appellant's appointed attorney of record in place of Matthew Pilado.
The certifications of defendant's right of appeal and the trial court's judgments appear to conflict. The judgments state, "The Defendant waived appeal in open Court." The certifications of defendant's right of appeal state each case "is a plea-bargained case, but the trial court has given permission to appeal, and the defendant has the right to appeal." We ORDER the trial court to determine the true status of appellant's right to appeal. We further ORDER the trial court to transmit to this Court (1) amended certificates of defendant's right of appeal, (2) amended judgments that correctly reflect whether appellant "waived appeal in open court," or (3) both amended certificates of defendant's right of appeal and amended judgments. See Tex. R. App. P. 25.2(f). The supplemental records containing the amended certificates of defendant's right of appeal and/or the amended judgments shall be filed with this Court within THIRTY DAYS OF THE DATE OF THIS ORDER.
We ABATE this appeal for the trial court to carry out our order. This appeal shall be reinstated when the records transmitted by the trial court are received or at such other time as the Court deems proper.