James Earl v. the State of Texas
This text of James Earl v. the State of Texas (James Earl v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00427-CR
James Earl, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. C-1-CR-18-501959, THE HONORABLE DIMPLE MALHOTRA, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
James Earl seeks to appeal the trial court’s order of deferred adjudication.
However, the clerk’s record does not contain the necessary trial court certification of Earl’s
right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of
defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”),
(d) (requiring record to include trial court’s certification).
Accordingly, we abate this appeal and remand the cause to the trial court for
entry of a certification of Earl’s right of appeal. See id. R. 25.2(a)(2). A supplemental record
containing the trial court’s certification shall be filed with this Court no later than October 27,
2023. See id. R. 34.5(c)(c).
It is ordered on September 27, 2023. Before Chief Justice Byrne, Justices Kelly and Theofanis
Abated and Remanded
Filed: September 27, 2023
Do Not Publish
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
James Earl v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-earl-v-the-state-of-texas-texapp-2023.