Opinion
No. 04-17-00226-CR
05-12-2017
Arturo ARGOT, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR1177
Honorable Jefferson Moore, Judge Presiding
ORDER
Appellant's notice of appeal, which was filed April 11, 2017, states he is appealing from the trial court's judgment signed March 30, 2017. However, the record does not include a copy of the judgment. We generally have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).
We therefore ORDER that appellant may file in this court, on or before June 12, 2017, a response showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made.
In addition, the trial court signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal" and "is one in which the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2). The record does not contain a copy of the plea bargain agreement. Although we have yet to determine if a judgment signed on March 30, 2017 exists, this court is required to dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." See TEX. R. APP. P. 25.2(d).
Accordingly, appellant is hereby given notice that this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that appellant has the right to appeal is made part of the appellate record on or before June 12, 2017. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication).
We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on appellant, the attorneys of record and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court