Opinion
13-22-00133-CR
09-28-2022
GUY WILLIAMS, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the County Court at Law No. 1 of Nueces County, Texas.
Before Justices Longoria, Hinojosa, and Silva
ORDER OF ABATEMENT
PER CURIAM
Appellant Guy Williams filed a notice of appeal regarding his conviction for criminal trespass with a sentence of one year's confinement, probated for ninety days, in trial court cause number 20MC-03699 in the County Court at Law No. 1 of Nueces County, Texas. See Tex. Pen. Code Ann. § 30.05. The trial court clerk is required to provide a copy of the certification of the defendant's right of appeal to this Court. Tex.R.App.P. 25.2(e). On August 23, 2022, the district clerk filed the clerk's record, but that record failed to contain the certification. That same day, the Clerk of this Court requested the trial court and district clerk to provide the certification within ten days; however, the certification was not filed with this Court. On September 6, 2022, the Clerk again requested the certification within ten days; however, the certification has not yet been filed with this Court.
Accordingly, this matter is abated and remanded to the trial court. On remand, if a trial court certification has been entered, the trial court shall cause the certificate to be provided to the Clerk of this Court within five days from the date of this order. However, if a trial court certification has not been signed and entered, the trial court shall immediately issue notice of a hearing and conduct a hearing addressing the foregoing matter. We further direct that, after conducting the hearing, the trial court certify whether appellant has the right of appeal and shall cause such certification to be filed with the Clerk of this Court within thirty days of this order. Should the trial court require more time to comply with the directions of this Court, it shall request an extension prior to the expiration of this deadline.