Michael Manyuon v. the State of Texas

Court of Appeals of Texas·Decided March 28, 2025·No. 07-25-00084-CR·Published

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-25-00084-CR

MICHAEL MANYUON, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas

Trial Court No. 075405-D-CR, Honorable Steven Denny, Presiding

March 28, 2025

ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Michael Manyuon, appeals from the trial court’s judgment revoking his community supervision for the offense of driving while intoxicated1 and sentencing him to six years of confinement. On January 16, 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. PENAL CODE ANN. § 49.09(b).

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 April 28, 2025.

It is so ordered.

Per Curiam

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Related

Dears v. State
154 S.W.3d 610 (Court of Criminal Appeals of Texas, 2005)