Opinion
CAUSE NO. 12-17-00285-CR
02-15-2018
MARK SUGGS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 392ND DISTRICT COURT IN AND FOR HENDERSON 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 it is a plea-bargain case and the Appellant has no right to 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, 12 Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 15th day of February 2018, A.D.
PAM ESTES, CLERK
12 Court of Appeals
By:/s/_________
Katrina McClenny, Chief Deputy Clerk