Opinion
03-23-00438-CR 03-23-00439-CR
08-31-2023
Morris Allen Sorrells, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 421ST DISTRICT COURT OF CALDWELL COUNTY NOS. 20-055 & 20-115, THE HONORABLE CHRIS SCHNEIDER, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Theofanis
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Morris Allen Sorrells seeks to appeal from two July 17, 2023 judgments revoking his community supervision. Sorrells was charged in separate cause numbers with two counts of retaliation and, after he pleaded guilty, his sentences were suspended, and he was placed on community supervision. In both cases, the State filed a motion to revoke Sorrells' community supervision for alleged violations of its conditions, and the trial court granted the motions. The court sentenced Sorrells to serve the suspended ten-year sentence in each case and ordered that his sentences run concurrently.
The clerk's record in trial court cause number 20-055 contains the court's 2020 certification form reflecting that Sorrells waived his right to appeal from the judgment of conviction in that case and that it was a plea-bargain case, for which he had no right of appeal. The clerk's record in trial court cause number 20-115 likewise contains a 2020 certification form, on which none of the boxes are checked. Neither clerk's record contains the necessary trial court certification of Sorrells' right of appeal as to the 2023 judgments revoking his community supervision, which are the judgments he seeks to appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of defendant's right of appeal "each time it enters a judgment of guilt or other appealable order"), (d) (requiring record to include trial court's certification); see also Tex. Code Crim. Proc. art. 42A.755(e) ("When the defendant is notified that the defendant's community supervision is revoked for a violation of the conditions of community supervision and the defendant is called on to serve a sentence in a jail or in the Texas Department of Criminal Justice, the defendant may appeal the revocation.").
Accordingly, we abate these appeals and remand the causes to the trial court for entry of certifications of Sorrells' right of appeal from the July 17, 2023 judgments in trial court cause numbers 20-055 and 20-115. See Tex. R. App. P. 25.2(a)(2), 44.4. Supplemental clerk's records containing the trial court's certifications shall be filed with this Court no later than September 29, 2023. See Tex. R. App. P. 34.5(c)(2).
It is ordered
Abated and Remanded