Opinion
13-24-00247-CR 13-24-00248-CR13-24-00249-CR 13-24-00250-CR
06-26-2024
PEDRO ROJAS-ANTONIO, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY, TEXAS
Before Chief Justice Contreras and Justices Tijerina and Peña
ORDER OF ABATEMENT
PER CURIAM
These causes are before the Court on its own motion. Appellant, Pedro Rojas-Antonio, has filed notices of appeal with this Court from his convictions in trial court cause numbers DC89-CR2023-0680-1, DC89-CR2023-0680-2, DC89-CR2023-0680-3, and DC89-CR2023-0680-4. Upon review of the clerk's record in each case, the trial court's certification of the defendant's right to appeal is identical in each and reflects cause number DC89-CR2023-0680-1 Count No(s). I-IV. The trial court's certification of the defendant's right to appeal is signed by the Judge, appellant, and state; however, it does not have a marking certifying whether appellant has the right to appeal or not. See Tex. R. App. P. 25.2(a)(2). The records do not include a trial court's certification of defendant's right to appeal the judgments in trial court cause numbers DC89-CR2023-0680-2, DC89-CR2023-0680-3, and DC89-CR2023-0680-4, as required. See id.
Therefore, we abate these appeals and remand the causes to the trial court for a hearing to determine (1) whether the trial court's certification of appealability relates to all cause numbers appealed, (2) whether any trial court's certification of appealability related to cause numbers DC89-CR2023-0680-2, DC89-CR2023-0680-3, and DC89-CR2023-0680-4 exist or need to be created, and (3) whether the appellant has the right to appeal the judgments in each of these causes.
We further direct the trial court to issue findings of fact and conclusions of law regarding these issues. The trial court's new or amended certifications, if any, 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.