Summary
abating appeal based on same conflict in clerk's record
Summary of this case from Evans v. StateOpinion
NO. 03-16-00503-CR
08-31-2016
Trevin Darnell Alexander, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 74716, HONORABLE JOHN GAUNTT, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Trevin Darnell Alexander appeals from the trial court's judgment of conviction. However, there is conflicting information in the clerk's record about Alexander's right to appeal, reflecting both Alexander's waiver of his right to appeal and the trial court's certification that Alexander has the right to appeal. See Tex. R. App. P. 25.2(a)(2), (d) (requiring trial court's certification of defendant's right of appeal); see also Adkinson v. State, No. 03-11-00639-CR, 2012 Tex. App. LEXIS 4027, at *1 (Tex. App.—Austin May 17, 2012, no pet.) (mem. op., not designated for publication) (abating appeal based on same conflict in clerk's record).
Accordingly, we abate this appeal and remand the cause to the trial court for entry of an amended certification clarifying Alexander'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 on or before September 30, 2016. See Tex. R. App. P. 25.2(d), 34.5(c)(2), 37.1.
It is ordered on August 31, 2016. Before Chief Justice Rose, Justices Goodwin and Bourland Abated and Remanded Filed: August 31, 2016