Opinion
12-21-00093-CR
11-03-2021
ALLEN DWIGHT SHEPPARD, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 114TH DISTRICT COURT IN AND FOR SMITH COUNTY, TEXAS
ORDER
Came on for review the status of the instant appeal, and the same having been considered, it appears that there is a conflict between the record in this appeal and the trial court's certification of the defendant's right of appeal in that the record indicates that Appellant has verbally waived the right to appeal after an agreement as to punishment only and the trial court's certification states that Appellant waived the right of appeal.
Accordingly, it is hereby ORDERED that the appeal is remanded to the trial court for the completion of a trial court certification of defendant's right of appeal that is consistent with the record or, if the defendant has the right to appeal, a written confirmation of such right. The trial court shall, if necessary, conduct a hearing to determine whether the Appellant has the right to appeal.
It is FURTHER ORDERED that the trial court shall determine the status of Appellant's right to appeal within fifteen days of the date of this Order and shall cause the clerk of the trial court to forward to this Court a certified copy of any trial court certification or written confirmation signed pursuant to this order.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12thCourt of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 3rd day of November 2021, A.D.