Opinion
04-23-01012-CR
02-26-2024
Jose Jaime LOPEZ, Appellant v. The STATE of Texas, Appellee
From the 79th Judicial District Court, Brooks County, Texas Trial Court No. 99-07-06591-CR Honorable Richard C. Terrell, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On December 28, 2023, we notified the trial court clerk that the certification of the defendant's right of appeal was defective because it was not signed by the defendant as required by Rule 25.2(d) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 25.2(d) (providing notification shall be signed by defendant); see also Cortez v. State, 420 S.W.3d 803, 805 (Tex. Crim. App. 2013) ("The certification must be signed by the defendant."). We therefore ordered the trial court clerk to prepare an amended certification in compliance with Rule 25.2(d) by January 29, 2023. In response to our order, the trial court notified us by letter stating it had mailed an amended certification to the defendant for his signature along with a self-addressed, stamped envelope for his convenience. To date, we have not received an amended certification signed by the defendant.
However, the lack of the defendant's signature does not prevent us from relying on the trial court's certification stating defendant has the right to appeal. See, e.g., Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005) (holding court of appeals should review clerk's record to determine whether trial court's certification is accurate); Mathis v. State, No. 14-11-01058-CR, 2012 WL 424879, at *1-2 (Tex. App.-Houston [14th Dist.] Feb. 9, 2012, no pet.) (appellant's refusal to sign certification does not prevent appellate court from moving forward on certification that is supported by the record); see also Cortez, 420 S.W.3d at 806 (providing in the context of defendant's right to appeal, we have a strong interest in ensuring defendant's right to appeal is not abridged due to "defects or irregularities").
At this time, the clerk's record has been filed, and the court reporter has notified us there is no reporter's record regarding the habeas proceeding. The appellate record is therefore complete, and we order the appellant's brief due by March 18, 2024. See Tex. R. App. P. 31.1(a); 4th Tex.App. (San Antonio) Loc. R. 8.2(a).