Opinion
No. 04-16-00368-CR
06-21-2016
Peter Mark LEE, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 493014
Honorable Genie Wright, Judge Presiding
ORDER
The clerk's record in this appeal contains a Trial Court's Certification of Defendant's Right to Appeal dated June 18, 2015. However, a jury trial, in which appellant pled "not guilty," was later conducted in 2016. On March 23, 2016, a jury found appellant guilty, and the trial court signed a Judgment on April 13, 2106. The trial court did not sign a Trial Court's Certification of Defendant's Right to Appeal following the jury trial and judgment. The clerk of this court contacted the trial court to request a new certification, and the district clerk informed this court that no certification had been signed.
Texas Rule of Appellate Procedure 25.2 states as follows: "The trial court shall enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order." TEX. R. APP. P. 25.2(a)(2). The March 23, 2016 judgment is a judgment of guilt and appealable; therefore, the trial court was required to enter a certification of the defendant's right of appeal following entry of this judgment.
Accordingly, the trial court is ordered to enter a Trial Court's Certification of Defendant's Right to Appeal no later than June 30, 2016.
The district clerk is hereby ordered to file a supplemental clerk's record containing a copy of the certification no later than July 5, 2016.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of June, 2016.
/s/_________
Keith E. Hottle
Clerk of Court