Opinion
13-24-00350-CR
08-15-2024
ANTHONY CALDERON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 464TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant, Anthony Calderon, has filed a notice of appeal with this Court attempting to appeal a judgment in trial court cause number CR-2070-21-L. The record before the Court does not contain a trial court certification of defendant's right to appeal related to this judgment. See Tex. R. App. P. 25.2(a)(2). On July 23, 2024, the Clerk of the Court requested a copy of the certification from the trial court clerk. On August 8, 2024, the trial court clerk submitted the clerk's record without a trial court certification of defendant's right to appeal.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See id. R. 35.3(c). Accordingly, this appeal is abated, and the cause remanded to the trial court. Upon remand, the trial court shall utilize whatever means necessary to determine whether the appellant has the right of appeal and to provide a correct and complete trial court's certification of the defendant's right to appeal. The trial court's certification 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.