Opinion
CAUSE NO. 12-18-00287-CR
12-19-2018
DAVID ALLEN VAN WERT, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM COUNTY COURT AT LAW NO 3 IN AND FOR SMITH COUNTY, TEXAS
ORDER
Came on for review the status of the instant appeal, and the same having been considered, it appears that the trial court's certification of the defendant's right to appeal does not comply with the requirements of Texas Rule of Appellate Procedure 25.2(a)(2) and (d) in that the trial court's certification does not state whether the defendant has the right of appeal and does not include a notice signed by the defendant with a copy given to the defendant that the defendant has been informed of his rights concerning an appeal, as well as any right to file a pro se petition for discretionary review.
Accordingly, it is hereby ORDERED that the appeal is remanded to the trial court for the completion of a trial court certification of the defendant's right of appeal that complies with Texas Rule of Appellate Procedure 25.2(d) as amended effective September 1, 2007. The trial court shall, if necessary, conduct a hearing to determine whether the defendant received the required notice; to provide the defendant with the required notice if the trial court determines the defendant has not received the required notice; and to secure the defendant's signature on any such notice and provide him a copy of the notice.
It is FURTHER ORDERED that the trial court shall within fifteen (15) days of the date of this Order cause the clerk of the trial court to forward to this Court a certified copy of any trial court certification signed pursuant to this Order.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 19th day of December 2018, A.D.
/s/_________
KATRINA MCCLENNY, CLERK