Bruce Charles Shelley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 6, 2022
• Docket: 14-21-00164-CR
• Status: Published

Opinion

Order filed October 6, 2022.

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00164-CR ____________

BRUCE CHARLES SHELLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court Colorado County, Texas Trial Court Cause No. 19-25,801

ORDER

Appellant timely appealed from an order in a criminal case. On June 8, 2021, the trial court clerk filed the clerk’s record, which did not contain a signed certification of appellant’s right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12); see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears, 154 S.W.3d at 613. On August 29, 2022, we directed that the trial court prepare and certify a supplemental clerk’s record containing the certification and that the supplemental clerk’s record be filed with this court on or before September 28, 2022. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4. As of this date, no record has been received.

We order the trial court to execute a certification of appellant’s right to appeal and direct the trial court clerk to prepare and file a supplemental clerk’s record containing the certification with this court within 30 days of the date of this order. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, 420 S.W.3d 803, 806–07 (Tex. Crim. App. 2013).

PER CURIAM

Panel consists of Justices Wise, Spain, and Hassan.