Summary
abating appeal based on same conflict in clerk's record
Summary of this case from Alexander v. StateOpinion
NO. 03-11-00639-CR
05-17-2012
Rufus E. Adkinson, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 67205, HONORABLE JOE CARROLL, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
Appellant Rufus E. Adkinson appeals from the trial court's judgment of conviction. The clerk's record contains seemingly conflicting information on Adkinson's right of appeal, including a disclosure of plea recommendations, a judgment of conviction reflecting a plea bargain, a trial court certification that the case was not a plea bargain case and that Adkinson has the right of appeal, and Adkinson's waiver of right to appeal. See Tex. R. App. P. 25.2(a)(2), (d).
The appeal is therefore abated and the trial court is ordered to prepare and file an amended certification clarifying Adkinson's right of appeal. See Tex. R. App. P. 25.2(f). A supplemental clerk's record containing the trial court's amended certification shall be filed with this Court no later than thirty days from the date of this opinion. See Tex. R. App. P. 25.2(d), 34.5(c)(2), 37.1. Before Chief Justice Jones, Justices Pemberton and Rose Abated Do Not Publish