Ruben Perez III v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 25, 2022
• Docket: 13-22-00114-CR
• Status: Published

Opinion

NUMBER 13-22-00114-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RUBEN PEREZ III, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 214th District Court of Nueces County, Texas.

ORDER OF ABATEMENT Before Chief Justice Contreras and Justices Benavides and Tijerina Order Per Curiam

This cause is before the Court on its own motion. Appellant, Ruben Perez III, has

filed a notice of appeal with this Court from his conviction in trial court cause number

21FC-1447F. Upon review, the record contains a trial court's certification of the

defendant's right to appeal, filed July 12, 2021, indicating this is a plea bargain case, and

the defendant has NO right to appeal. See TEX. R. APP. P. 25.2(a)(2). The record does not contain a new trial court certification related to the revocation proceedings being

appealed.

Therefore, we abate this appeal and remand this cause to the trial court for a

hearing to determine (1) whether the trial court’s certification of appealability entered

simultaneously with the original plea documents is still correct and (2) whether the

appellant has the right to appeal the conviction resulting from the later revocation

proceeding. The trial court is directed to either file a new trial court’s certification of

defendant’s right to appeal or to issue findings of fact and conclusions of law regarding

these issues. The trial court's certification or its findings, along with any orders it enters,

shall be included in a supplemental clerk's record. The trial court is directed to cause the

supplemental clerk'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Do not publish.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 the 25th day of May, 2022.