James Earl v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00427-CR
James Earl, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY
NO. C-1-CR-18-501959, THE HONORABLE DIMPLE MALHOTRA, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
James Earl seeks to appeal the trial court’s order of deferred adjudication.
However, the clerk’s record does not contain the necessary trial court certification of Earl’s
right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of
defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”),
(d) (requiring record to include trial court’s certification).
Accordingly, we abate this appeal and remand the cause to the trial court for
entry of a certification of Earl’s right of appeal. See id. R. 25.2(a)(2). A supplemental record
containing the trial court’s certification shall be filed with this Court no later than October 27,
2023. See id. R. 34.5(c)(c).
It is ordered on September 27, 2023.
Before Chief Justice Byrne, Justices Kelly and Theofanis
Abated and Remanded
Filed: September 27, 2023
Do Not Publish
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