Opinion
No. 04-16-00753-CR
05-25-2017
Mario Luis SALAS, Appellant v. The STATE of Texas, Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR6591
Honorable Melisa Skinner, Judge Presiding
ORDER
On December 12, 2016, a clerk's record was filed in this appeal containing the Trial Court's Certification of Defendant's Right of Appeal which indicated the case "is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal." On March 24, 2017, appellant's attorney filed a motion to abate this appeal to enable the trial court to reconsider its certification of appellant's right of appeal. The motion stated the certification is defective because the reporter's record filed in this appeal reflected that the trial court orally denied appellant permission to appeal. After reviewed the appellate record, we agreed the trial court's certification appeared to be defective. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760 (Tex. App.—San Antonio 2003, no pet.). By order dated March 27, 2017, we abated this appeal to the trial court for the trial court to reconsider the certification.
On May 23, 2017, a supplemental clerk's record was filed containing an amended trial court's certification stating the case "is a plea-bargain case, and the defendant has NO right of appeal." This appeal is REINSTATED on the docket of this court.
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by June 8, 2017, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court