Josue Pena v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 27, 2025
• Docket: 07-25-00232-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00232-CR

JOSUE PENA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court No. 087049-D-CR, Honorable Steven Denny, Presiding

August 27, 2025 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Josue Pena, appeals his conviction for failure to comply with sex

offender registration requirements1 and sentence to eighteen months of confinement. On

July 23, 2025, the trial court signed a certification of Appellant’s right of appeal. However,

the certification is incomplete and does not indicate whether Appellant has a right to

appeal his case. See TEX. R. APP. P. 25.2(a)(2), (d).

1 See TEX. CODE CRIM. PROC. ANN. art. 62.102(b)(1). Because the certification is defective, we abate the appeal and remand the cause

to the trial court to prepare an amended certification that indicates whether Appellant has

a right of appeal. 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 September 26, 2025.

It is so ordered.

Per Curiam

Do not publish.