Ex Parte: Benjamin Burch v. State

Opinion

Order entered July 24, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-00755-CR

EX PARTE BENJAMIN BURCH

On Appeal from the 204th Judicial District Court Dallas County, Texas

Trial Court Cause No. F09-00319-Q

ORDER

On June 12, 2014, this Court ordered that the clerk’s record be filed and that it contain

the trial court’s certification of appellant’s right to appeal. Neither the clerk’s record nor the supplemental clerk’s record filed with the Court contained the certification. Therefore, on July 1, 2014, the Court sent the trial court a letter stating a certification was needed and providing ten days to file the certification. To date, we have not received the trial court’s certification of appellant’s right to appeal, which is required to be prepared by the trial court in all cases in which a defendant appeals. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).

Accordingly, we ORDER the trial court to file, within TEN DAYS of the date of this order, a certification of appellant’s right to appeal.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Lena Levario, Presiding Judge, 204th Judicial District Court; Gary Fitzsimmons, Dallas County District Clerk; and to counsel for all parties.

/s/ DAVID EVANS

JUSTICE