Opinion
13-23-00018-CR
04-04-2023
ROBERTO DOMINGUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(B).
On appeal from the 24th District Court of Jackson County, Texas.
Before Contreras, Chief Justice, Silva and Pena, Justices.
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant, Roberto Dominguez, has filed a notice of appeal with this Court in trial court cause number 19-12-10523. Upon review of the record, we have determined that the trial court's certification of the appellant's right to appeal is defective as no box is checked. See TEX. R. APP. P. 25.2(a)(2).
Therefore, we abate this appeal and remand this cause to the trial court for a hearing to determine (1) whether the trial court's certification of appealability is defective and; (2) whether the appellant has the right of appeal. We further direct the trial court to issue findings of fact and conclusions of law regarding these issues. The trial court's new or amended certification, if any, and any orders it enters shall be included in a supplemental clerk's record. The trial court is directed to cause the supplemental clerk's record to be filed with the Clerk of this Court within thirty days of the date of this order.