Opinion
Appellate case number: 01-15-00722-CR
06-14-2016
Michael Allen Seaton v. The State of Texas
ORDER Trial court case number: 1448336 Trial court: 351st District Court of Harris County
On March 31, 2016, this Court issued an opinion, dismissing this appeal because the trial court's certification indicated appellant had no right to appeal. Appellant filed a motion for rehearing, claiming that a motion to suppress, and a ruling contained in a reporter's record of the suppression hearing, existed but had never been filed in the appellate record. Appellant attached to his motion for rehearing a corrected certification of the defendant's right to appeal that reflects that, although this is a plea-bargain case, "matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal." A copy of the reporter's record of the suppression hearing has now been filed and confirms the trial court ruled on the motion to suppress. A response to the motion for rehearing was requested, but none was filed.
We GRANT appellant's motion for rehearing, withdraw our opinion and judgment of March 31, 2016, and reinstate the appeal on the active docket.
Appellant's brief shall be filed within 30 days of the date of this order.
It is so ORDERED. Judge's signature: /s/ Rebeca Huddle
[×] Acting individually Date: June 14, 2016