Jose Guadalupe Trevino, Appellant, v. The State of Texas, Appellee. (2016)

MEMORANDUM OPINION

Appellant attempts to appeal from a judgment adjudicating him guilty of possession of a controlled substance.  Appellant's sentence of two years was suspended and appellant was placed on community supervision for two years.

The record does not contain a trial court certification of the defendant's right to appeal. See T ex. R. A pp. P. 25.2(d).  On September 3, 2015 and September 22, 2015 the Clerk of this Court notified appellant and the trial court of the necessity of a signed trial court certification.  The trial court held a hearing on October 6, 2015 for the purposes of having appellant sign a trial court certification.  Appellant did not appear and a capias was issued.

On November 18, 2015, the Clerk of this Court notified appellant of the necessity of a signed trial court certification.  The notice informed appellant that failure to correct the defect would result in the appeal being dismissed.  On December 8, 2015, appellant filed a motion to withdraw the notice of appeal with the trial court and this was granted by the trial court.¹

The Texas Rules of Appellate Procedure require the trial court to enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order.  See id. 25.2(a)(2).  The certification must include a notice that the defendant has been informed of his rights concerning an appeal, as well as any right to file a pro se petition for discretionary review.  See id. 25.2(d).  The certification must be signed by the defendant and a copy must be given to him.  See id. 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.  See id. 25.2(d).

As of this date, appellant has not filed a trial court certification.  The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if a certification thatshows the defendant has the right of appeal has not been made part of the record under these rules.  T ex. R. A pp. P. 25.2(d);  see T ex. R. A pp. P. 37.1, 44.3, 44.4.  Accordingly, this appeal is DISMISSED.

FOOTNOTES

1.   A motion in compliance with Texas Rule of Appellate Procedure 42.2 has not been filed with this Court.

Memorandum Opinion Per Curiam