Opinion
CAUSE NO. 12-17-00398-CR
01-03-2018
JARVIS JEROME WAGNER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 241ST 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 not a complete trial court's certification of the defendant's right of appeal in the clerk's record; to wit: no selection has been entered by the judge. TEX. R. APP. P. 25.2(d).
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. 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 ten days of the date of this Order and shall cause the clerk of the trial court to forward to this Court a supplemental record containing 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 3rd day of January 2018, A.D.
PAM ESTES, CLERK
12 Court of Appeals
By:/s/_________
Katrina McClenny, Chief Deputy Clerk