Santhosh Kumar Rathode v. the State of Texas

Opinion

Order entered February 10, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-01346-CR

SANTHOSH KUMAR RATHODE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 3 Dallas County, Texas Trial Court Cause No. MA19-22298-C

ORDER

The trial court’s certification of defendant’s right of appeal for this case is

not sufficient.

On January 30, 2023, this Court notified County Criminal Court No. 3 by

letter that the record in this appeal did not contain a certification of defendant’s

right of appeal. The letter requested the presiding judge to review the record and to file within ten days a certification that accurately reflected the trial court’s

proceedings.

On February 9, 2023, this Court received the certification. The certification

accurately reflects this court’s direction for certification, but it does not reflect the

trial court’s relevant proceedings.

For this Court to have jurisdiction over the appeal, there must be a

certification showing the defendant has the right of appeal. See TEX. R. APP. P.

25.2(d) (“The appeal must be dismissed if a certification that shows the defendant

has the right of appeal has not been made part of the record under these rules.”).

The defendant’s right of appeal is determined by the trial court proceedings and, in

certain situations, whether the trial court granted the defendant permission to

appeal. The certification filed in this case does not show the defendant has or does

not have a right of appeal.

Accordingly, we ORDER the Honorable Audrey Moorehead, Presiding

Judge of County Criminal Court No. 3, Dallas County, to file on or before

FEBRUARY 21, 2023, a certification of the defendant’s right of appeal that

accurately reflects the trial court’s proceedings and whether the defendant has the

right of appeal. We DIRECT the Clerk to send copies of this order to the Honorable Audrey

Moorehead, Presiding Judge, County Criminal Court No. 3, Dallas County, and to

counsel for all parties.

/s/ DENNISE GARCIA JUSTICE