Opinion
01-24-00423-CR
08-15-2024
George Christopher Davis v. The State of Texas
Trial court: 185th District Court of Harris County, Trial court case number: 1798926
ORDER OF ABATEMENT
Veronica Rivas-Molloy Judge
Appellant George Christopher Davis filed a notice of appeal from the trial court's May 23, 2024 judgment convicting him of Aggravated Assault Causing Serious Bodily Injury. Appellant entered a plea of guilty without an agreed recommendation from the State, and after a contested sentencing hearing, he received a sentence of twenty years confinement. On January 18, 2024, the trial court entered a Certification of [Appellant's] Right of Appeal indicating that Appellant's case was "a plea bargain case, and [he] has NO right of appeal."
The clerk's record filed in this Court reflects that on July 2, 2024, Appellant's retained counsel filed in the trial court a "Motion to Correct Trial Court Certification of [Appellant's] Righ[t] to Appeal Filed on January 18, 2024," asserting that the certification is incorrect, and requesting the trial court to either "(1) enter a corrected trial court's certification of [Appellant's] right to appeal to reflect that his case is not a plea bargain, and he does have the right to appeal or (2) amend/correct the current trial court's certification of his right to appeal to accurately reflect his case."
Given this lack of clarity, we abate the appeal and remand the case to the trial court for the trial court to execute, within 20 days of this order, an amended Certification of Appellant's Right to Appeal that clearly reflects whether Appellant retained or waived his right of appeal. See Tex. R. App. P. 25.2(f). The trial court clerk is directed to file a supplemental clerk's record containing the amended Certification of Appellant's Right of Appeal. The supplemental clerk's record shall be filed with this Court no later than 30 days from the date of this order. See Tex. R. App. P. 34.5(c)(2).
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record is filed with the Clerk of this Court or on the Court's own motion.
It is so ORDERED.