Craig Reed v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 12, 2024
• Docket: 07-23-00432-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00432-CR

CRAIG REED, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 080013-E-CR, Honorable Douglas R. Woodburn, Presiding

February 12, 2024 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Craig Reed, appeals his conviction for possession of a controlled

substance1 and sentence to twenty years of confinement. The trial court’s certification of

Appellant’s right of appeal reflects that Appellant “has waived the right of appeal.” See

TEX. R. APP. P. 25.2(a)(2), (d). The record, however, does not contain Appellant’s written

or oral waiver of the right of appeal. Further, despite the judgment indicating that

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b). Appellant pled guilty pursuant to a plea bargain agreement, there is no written plea

agreement in the record.

Now pending before the Court is Appellant’s motion to remand the cause to the

trial court for entry of a corrected trial court certification. The motion is unopposed by the

State. Because the certification appears defective, we grant the motion, abate the appeal,

and remand the cause to the trial court to prepare an amended certification of appellant's

right of appeal consistent with the record. See TEX. R. APP. P. 25.2(f); Dears v. State,

154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005) (requiring an appellate court to

determine whether the trial court’s certification comports to the record). The trial court

shall utilize reasonable means to secure Appellant’s signature on the amended

certification. See TEX. R. APP. P. 25.2(d). The amended certification shall be included in

a supplemental clerk’s record filed with this Court by March 13, 2024.

It is so ordered.

Per Curiam

Do not publish.