Opinion
NUMBER 13-17-00588-CR
02-23-2018
DRE JACOBO, Appellant, v. THE STATE OF TEXAS, Appellee.
On Appeal from the 105th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam
Appellant, Dre Jacobo, filed a notice of appeal with this Court from his conviction in trial court cause number 16CR1295-D. The trial court's certification of the defendant's right to appeal does not indicate whether defendant has the right to appeal. See TEX. R. APP. P. 25.2(d). On January 4, 2018, the Clerk of the Court requested that the trial court provide an amended certification of defendant's right of appeal.
The Texas Rules of Appellate Procedure require the trial court to enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order. See id. 25.2(a)(2). The record in this cause contains the trial court's certification pursuant to TEX.R.APP.P. 25.2(a)(2), but the certification is defective because it does not indicate whether defendant has the right to appeal. Accordingly, we direct the trial court to remedy the defect in the certification by preparing and filing a "Trial Court's Certification of Defendant's Right of Appeal" which includes an indication whether defendant has the right to appeal. The trial court's amended 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. Should the trial court require more time to comply with the directions of this Court, it shall request an extension prior to the expiration of this deadline.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed this the 23rd day of February, 2018.