Craig Reed v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00432-CR
CRAIG REED, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 080013-E-CR, Honorable Douglas R. Woodburn, Presiding
February 12, 2024
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Craig Reed, appeals his conviction for possession of a controlled
substance1 and sentence to twenty years of confinement. The trial court’s certification of
Appellant’s right of appeal reflects that Appellant “has waived the right of appeal.” See
TEX. R. APP. P. 25.2(a)(2), (d). The record, however, does not contain Appellant’s written
or oral waiver of the right of appeal. Further, despite the judgment indicating that
1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b).
Appellant pled guilty pursuant to a plea bargain agreement, there is no written plea
agreement in the record.
Now pending before the Court is Appellant’s motion to remand the cause to the
trial court for entry of a corrected trial court certification. The motion is unopposed by the
State. Because the certification appears defective, we grant the motion, abate the appeal,
and remand the cause to the trial court to prepare an amended certification of appellant's
right of appeal consistent with the record. See TEX. R. APP. P. 25.2(f); Dears v. State,
154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005) (requiring an appellate court to
determine whether the trial court’s certification comports to the record). The trial court
shall utilize reasonable means to secure Appellant’s signature on the amended
certification. See TEX. R. APP. P. 25.2(d). The amended certification shall be included in
a supplemental clerk’s record filed with this Court by March 13, 2024.
It is so ordered.
Per Curiam
Do not publish.
2