David Gerardo Rincon v. State

Opinion

Fourth Court of Appeals San Antonio, Texas October 11, 2016

No. 04-16-00543-CR

David Gerardo RINCON, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No 2, Webb County, Texas Trial Court No. 2014CRB000880 L2 Honorable Jesus Garza, Judge Presiding

ORDER A jury found appellant David Gerardo Rincon guilty of the offense of Driving While Intoxicated, Class B, and assessed his punishment at 150 days in jail and a $2,000.00 fine. The trial court entered a judgment after verdict. Appellant timely filed a notice of appeal, but the clerk’s record does not contain a trial court’s certification of defendant’s right of appeal. “The trial court shall enter a certification of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.” TEX. R. APP. P. 25.2(a)(2). Generally, a trial court’s judgment after verdict is a judgment of guilt and is an appealable order. See id.; Cortez v. State, 420 S.W.3d 803, 805 (Tex. Crim. App. 2013); see also TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 33.1. Therefore, we ORDER the presiding judge of County Court at Law No. 2 of Webb County, Texas to (1) sign a completed certification indicating whether the defendant has a right of appeal and (2) forward it to the Webb County Clerk within TWENTY DAYS of the date of this order. We FURTHER ORDER the Webb County Clerk to file a supplemental clerk’s record containing the trial court’s certification of the defendant’s right of appeal in this court within TEN DAYS after the trial court provides the certification to the clerk. See TEX. R. APP. P. 34.5(c)(2). _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of October, 2016.

___________________________________ Keith E. Hottle Clerk of Court