Kevin Alejandro Ramos v. the State of Texas

IN THE
TENTH COURT OF APPEALS
No. 10-21-00262-CR
KEVIN ALEJANDRO RAMOS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 19-03385-CRF-272
ABATEMENT ORDER
Kevin Alejandro Ramos has attempted to appeal his convictions for aggravated
robbery and aggravated assault with a deadly weapon. See TEX. PENAL CODE §§ 29.03;
22.02(A)(2). The trial court's certification of the right of appeal 1 indicates Ramos has
waived his right to appeal; thus, this appeal must be dismissed. See TEX. R. APP. P. 25.2(d)
("The appeal must be dismissed if a certification that shows the defendant has the right
1
Ramos signed the certification for Count One along with his counsel; only his counsel signed the
certification for Count Two. Both certifications indicate Ramos waived his right to appeal.
of appeal has not been made part of the record under these rules."); Monreal v. State, 99
S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).
However, the certification of the right of appeal also indicates that “this criminal
case: Is not a plea bargain case, and the defendant has the right to appeal.” Due to this
conflict within the certification, it appears to be defective and must be corrected. See Dears
v. State, 154 S.W.3d 610, 614-615 (Tex. Crim. App. 2005).
Accordingly, we ABATE this proceeding to the trial court so that a corrected
certification of the right of appeal may be prepared by the trial court. If the defendant
has the right of appeal, the corrected certification of the right of appeal does not need to
be signed by counsel or the defendant. The corrected certification must be signed by the
trial court within 14 days from the date of this Order and provided to the trial court clerk.
The trial court clerk is ORDERED to file a supplemental clerk’s record containing
the corrected certification of the right of appeal within 7 days after the corrected
certification is signed by the trial court and delivered to the trial court clerk.
PER CURIAM
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal abated
Order issued and filed October 13, 2021
[RWR]
Ramos v. State Page 2