Francisco Llanas v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-22-00745-CR

Francisco Llanas, Appellant

v.

The State of Texas, Appellee

FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-20-300570, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

We previously dismissed this appeal for want of jurisdiction after concluding that

appellant Francisco Llanas had no right to appeal. Appellant has filed a motion for rehearing and

a motion for en banc reconsideration asserting that the trial court’s certification of his right of

appeal is incorrect.

Courts of appeals have the ability to examine a trial court’s certification of a

defendant’s right of appeal for defectiveness and to obtain a new certification under Texas Rules

of Appellate Procedure 34.5(c) and 37.1, whenever appropriate. Dears v. State, 154 S.W.3d 610,

614 (Tex. Crim. App. 2005); see Tex. R. App. P. 34.5(c), 37.1. Accordingly, we withdraw our opinion, dissenting opinion, and judgment dated

October 3, 2024; reinstate this appeal; and abate and remand the cause to the trial court for entry

of an amended certification that accurately reflects appellant’s right of appeal. The trial court

shall include the amended certification in a supplemental clerk’s record to be filed with this

Court no later than December 27, 2024. See Tex. R. App. P. 34.5(c). Appellant’s motion for

rehearing and motion for en banc reconsideration are dismissed as moot.

It is so ordered on December 13, 2024.

Before Justices Baker, Triana, and Smith

Abated and Remanded

Filed: December 13, 2024

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