Alexis Luciano v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 4, 2024
• Docket: 03-23-00751-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00751-CR

Alexis Luciano, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 9 OF TRAVIS COUNTY NO. C-1-CR-23-200063, THE HONORABLE KIM WILLIAMS, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Alexis Luciano seeks to appeal pro se her conviction for indecent

exposure. See Tex. Penal Code § 21.08. However, the clerk’s record does not contain the

necessary trial court certification of her right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring

trial court to enter certification of defendant’s right of appeal “each time it enters a judgment of

guilt or other appealable order”), (d) (requiring record to include trial court’s certification). On

December 21, 2023, in response to an inquiry from this Court, the Travis County Clerk filed a

letter stating that no certification has been filed with the clerk’s office.

Accordingly, we abate this appeal and remand the cause to the trial court for

entry of a certification of Luciano’s right of appeal. See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court

no later than January 26, 2024. See Tex. R. App. P. 34.5(c)(2).

It is ordered on January 4, 2024.

Before Chief Justice Byrne, Justices Smith and Theofanis

Abated and Remanded

Filed: January 4, 2024

Do Not Publish