Opinion
13-24-00191-CR 13-24-00192-CR13-24-00193-CR 13-24-00194-CR 13-24-00195-CR
05-29-2024
JOHNATHON CHARLES BELL, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY, TEXAS.
Before Benavides, Tijerina, and Silva, Justices.
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant, Johnathon Charles Bell, has filed a notice of appeal with this Court from his convictions in trial court cause numbers DC78-CR2019-0061, DC78-CR2019-0063, DC78-CR2019-0065, DC78-CR2019-0066, and DC78-CR2019-0068. Upon review of the clerk's record in each case, the trial court's certification of the defendant's right to appeal is identical in each and reflects cause number DC78-CR2019-0061 "Count No(s). I-V." However, the record does not include a trial court's certification of defendant's right to appeal the judgments in the other trial court cause numbers, specifically the causes numbered DC78-CR2019-0063, DC78-CR2019-0065, DC78-CR2019-0066, and DC78-CR2019-0068. See Tex. R. App. P. 25.2(a)(2).
Therefore, we abate these appeals and remand this cause to the trial court for a hearing to determine (1) whether the trial court's certification of appealability relates to all cause numbers appealed, (2) whether any trial court's certification of appealability related to DC78-CR2019-0063, DC78-CR2019-0065, DC78-CR2019-0066,and DC78-CR2019-0068 exist or need to be created, and (3) whether the appellant has the right of appeal for the judgments in cause numbers DC78-CR2019-0063, DC78-CR2019-0065, DC78-CR2019-0066, and DC78-CR2019-0068.
We further direct the trial court to issue findings of fact and conclusions of law regarding these issues. The trial court's new or amended certification, if any, and any orders it enters shall be included in a supplemental clerk's record. The trial court is directed to cause the supplemental clerk's record to be filed with the Clerk of this Court within thirty days of the date of this order.