Opinion
No. 04-13-00754-CR
11-05-2013
Jose Angel FLORES Jr., Appellant v. THE STATE OF TEXAS, Appellee
From the County Court At Law No 2, Guadalupe County, Texas
Trial Court No. CCL-10-0869
Honorable Frank Follis, Judge Presiding
ORDER
As required, the trial court's certification of the defendant's right to appeal was filed in this court on October 24, 2013. In the certification, the trial court certified the case: (1) was not a plea bargain case and the defendant has the right of appeal, AND (2) is a plea bargain case but matters were raised by written motion filed and rules on before trial and not withdraw or waived the defendant has the right of appeal. By selecting both of these options on the certification form, the trial court has created a conflict and this court is unable to determine from the certification whether this is or is not a plea bargain case. When the clerk's office of this court noted the conflict, it telephoned the trial court and requested that an amended certification be filed. A deputy clerk from Guadalupe County advised this court's clerk's office that she had spoken with the trial judge and that the judge declined to amend the certification.
Accordingly, we order the trial court to file an amended certification, selecting a single option from the list of options on the form certification. We order that the amended certification be filed in this court on or before November 15, 2013.
We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, and all counsel.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of November, 2013.
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Keith E. Hottle
Clerk of Court