Opinion
03-22-00745-CR
12-13-2024
Francisco Llanas, Appellant v. The State of Texas, Appellee
Do Not Publish
ON MOTION FOR REHEARING FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-20-300570, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING
Before Justices Baker, Triana, and Smith.
ORDER AND MEMORANDUM OPINION
PER CURIAM.
We previously dismissed this appeal for want of jurisdiction after concluding that appellant Francisco Llanas had no right to appeal. Appellant has filed a motion for rehearing and a motion for en banc reconsideration asserting that the trial court's certification of his right of appeal is incorrect.
Courts of appeals have the ability to examine a trial court's certification of a defendant's right of appeal for defectiveness and to obtain a new certification under Texas Rules of Appellate Procedure 34.5(c) and 37.1, whenever appropriate. Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005); see Tex.R.App.P. 34.5(c), 37.1.
Accordingly, we withdraw our opinion, dissenting opinion, and judgment dated October 3, 2024; reinstate this appeal; and abate and remand the cause to the trial court for entry of an amended certification that accurately reflects appellant's right of appeal. The trial court shall include the amended certification in a supplemental clerk's record to be filed with this Court no later than December 27, 2024. See Tex.R.App.P. 34.5(c). Appellant's motion for rehearing and motion for en banc reconsideration are dismissed as moot.
It is so ordered.
Abated and Remanded.