Opinion
NO. 14-19-01021-CR NO. 14-20-00058-CR
04-07-2020
ROBERT LEWIS FELDER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court Harris County, Texas
Trial Court Cause Nos. 1574593 & 1574595
ABATEMENT ORDER
The clerk's record has been filed in each of these appeals. In each case, appellant entered a plea of guilty to aggravated robbery with a deadly weapon and was sentenced to prison for twenty-five years, to run concurrently.
In each case, the trial court's certification of the right to appeal states appellant waived the right of appeal. A waiver of the right of appeal, in exchange for the State's waiver of its right to a jury trial, is in the record of each case. See Jones v. State, 488 S.W.3d 801, 807-08 (Tex. Crim. App. 2016); Ex parte Broadway, 301 S.W.3d 694, 697 (Tex. Crim. App. 2009). In addition, the judgment in appeal number 14-19-01021-CR states "APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED." However, in appeal number 14-20-00058-CR, the record contains a judgment nunc pro tunc which removes the same language ("APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED") from the judgment. There is no judgment nunc pro tunc in the record of appeal number 14-19-01021-CR.
Thus, the record supports the trial court's certification in appeal number 14-19-01021-CR. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). But the judgment nunc pro tunc in appeal number 14-20-00058-CR is inconsistent with the trial court's certification. The waivers and certifications for both cases were all executed on the same day. In response to our notification that the trial court had certified appellant waived the right of appeal in both cases, appellate counsel agreed but stated appellant advised counsel that he did not agree to waive his right of appeal. Considering all of the above, we enter the following order.
In each case we abate the appeal and remand the cause to the trial court for entry of an amended certification clarifying appellant's right of appeal. See Tex. R. App. P. 25.2(f). In each case, a supplemental clerk's record containing the trial court's amended certification shall be filed with this Court within thirty days of the date of this order. See Tex. R. App. P. 25.2(d), 34.5(c)(2), 37.1.
PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Spain.