Opinion
14-22-00478-CR
12-13-2022
JESSICA LYNN MUSANTE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from County Court at Law No 1 Fort Bend County, Texas Trial Court Cause No. 18-CCR-198221A
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
ABATEMENT ORDER
PER CURIAM.
Appellant timely appealed from a judgment of conviction in a criminal case. On July 29, 2022, the trial court clerk filed the clerk's record, which did not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12); see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex.R.App.P. 25.2(d); Dears, 154 S.W.3d at 613. 1
On July 29, 2022, we notified the trial court that the record fails to contain a certification of the defendant's right of appeal. On September 1, 2022, we again notified the trial court that the record fails to contain a certification of the defendant's right of appeal. On October 14, 2022, A letter was filed by the Fort Bend County Clerk stating that no trial court certification has been filed in this case. On October 25, 2022, this court ordered the trial court to execute a certification of appellant's right to appeal and direct the trial court clerk to prepare and file a supplemental clerk's record containing the certification with this court by November 28, 2022. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, 420 S.W.3d 803, 806-07 (Tex. Crim. App. 2013). As of this date, the requested record has not been filed.
We enter the following order:
The judge of County Court Law No. 1 shall (1) immediately conduct a hearing, at which appellant, appellant's counsel, and state's counsel shall participate, either in person or by video teleconference, to determine whether appellant has the right of appeal; and (2) prepare a record, in the form of a reporter's record, of the hearing. The judge shall see that a record of the hearing is made, shall enter a certification of appellant's right of appeal, and shall order the trial clerk to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of the video teleconference, and a supplemental clerk's record containing the certification appellant's right of appeal. Those records shall be filed with the clerk of this court within thirty days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the records are filed in this court. The court will also consider an appropriate motion to 2 reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
No hearing will be necessary upon the filing of a certification of appellant's right of appeal in a supplemental clerk's record in this court. 3