Thomas Michael Roemisch v. State

• Court: Court of Appeals of Texas
• Decided: November 5, 2015
• Docket: 11-15-00090-CR
• Status: Published

Opinion

Order filed November 5, 2015

In The

Eleventh Court of Appeals ____________

No. 11-15-00090-CR __________

THOMAS MICHAEL ROEMISCH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 132nd District Court Scurry County, Texas Trial Court Cause No. 10165

ORDER Court-appointed counsel for Thomas Michael Roemisch has filed in this court a motion to withdraw as counsel based upon Roemisch’s failure to sign the certification of his right of appeal. We abate this appeal. Counsel notes that the brief is currently due and that one extension has already been granted. Counsel states in his motion that, despite several attempts to have Roemisch sign and return the trial court’s certification showing that Roemisch does have a right of appeal, Roemisch has failed or refused to do so. Counsel has explained to Roemisch that his failure to sign and return the certification could result in a dismissal of the appeal. See TEX. R. APP. P. 25.2(d), (f). Counsel states that, because of Roemisch’s failure to sign and return the certification, counsel “is no longer able to represent to the Court that Roemisch wishes to appeal his conviction.” We abate the appeal and remand the cause to the trial court so that the trial court (1) may determine whether Roemisch desires to prosecute this appeal and (2) may also afford Roemisch an opportunity to sign the certification of his right of appeal. The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk’s record containing the findings, recommendations, any orders of the trial court, and a certification of the defendant’s right of appeal that is either signed by Roemisch or contains a notation by the trial court that Roemisch refuses to sign the certification. The court reporter is directed to prepare and forward to this court the reporter’s record from the hearing. These records are due to be filed in this court on or before December 21, 2015. The appeal is abated.

PER CURIAM

November 5, 2015 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.