Juan Yenell Vazquez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 13-22-00459-CR
• Status: Published

Opinion

NUMBER 13-22-00459-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JUAN YENELL VAZQUEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 36th District Court of San Patricio County, Texas.

ORDER OF ABATEMENT Before Chief Justice Contreras and Justices Longoria and Silva Order Per Curiam

This cause is before the Court on appellant Juan Yenell Vazquez’s motion to

amend trial court’s certification of defendant’s right of appeal and motion for leave to file

the same. On September 22, 2022, appellant filed a notice of appeal attempting to appeal

a judgment revoking community supervision in trial court cause number S-19-

3037CR. The trial court’s certification of the defendant’s right to appeal indicates this is a plea-bargain case, and the defendant has no right of appeal. See TEX. R. APP. P.

25.2(a)(2). However, the motion to revoke was heard as a contested matter by the trial

court.

Upon review, we have determined the trial court’s certification of appellant’s right

of appeal is incorrect or otherwise defective. See Dears v. State, 154 S.W.3d 610, 614-

15 (Tex. Crim. App. 2005); see Tex. R. App. P. 34.5(c); 37.1. A defective certification

includes a certification that is correct in form, but, when compared with the record before

the court, proves to be inaccurate. Dears, 154 S.W.3d at 614.

Therefore, we carry appellant’s motion to amend trial court’s certification of

defendant’s right of appeal and grant the motion for leave. Further, we abate and remand

this case to the trial court. The trial court shall cause a hearing to be held to determine:

(1) whether the trial court’s certification of appealability is correct; (2) whether the

appellant has the right of appeal; and (3) whether appellant has abandoned the

appeal. We further direct the trial court to issue findings of fact and conclusions of law

regarding these issues. The trial court’s amended certification, if any, and any orders it

enters shall be included in a supplemental clerk’s record. The trial court is directed to

cause a supplemental clerk’s record and supplemental reporter’s record to be filed with

the Clerk of this Court within thirty days of the date of this order.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 11th day of January, 2023.