Ex Parte:  Juan Valenzuela–Rodriguez v. << (2013)

M E M O R A N D U M O P I N I O N

Juan Valenzuela–Rodriguez has filed a notice of appeal from the district court's findings of fact and conclusions of law and order denying his application for post-conviction writ of habeas corpus.   See Tex.Code Crim. Proc. art. 11.09.   The clerk's record contains a trial-court certification stating that Valenzuela–Rodriguez has waived his right to appeal.   However, that certification relates to his judgment of conviction in cause number 62,936.   The record in cause number 62,936–A does not contain a certification of Valenzuela–Rodriguez's right to appeal the district court's findings of fact and conclusions of law and order denying his application for post-conviction writ of habeas corpus.

The rules of appellate procedure provide, “The trial court shall enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order.”  Tex.R.App. P. 25.2(a)(2).   Accordingly, we abate this cause and remand it to the district court for entry of a certification of Valenzuela–Rodriguez's right of appeal in cause number 62,936–A.   See Tex.R.App. P. 34.5(c), 37.1, 44.4;  Dears v. State, 154 S.W.3d 610, 613 (Tex.Crim.App.2005).   Once entered, the certification shall be included in a supplemental clerk's record and filed with this Court no later than 10 days from the date of this opinion.

Abated

PER CURIAM