Raul Sarabia, Jr. v. the State of Texas

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
RAUL SARABIA, JR., § No. 08-22-00064-CR
Appellant, § Appeal from
v. § 207th District Court
THE STATE OF TEXAS, § of Comal County, Texas
State. § (TC# CR2018-305)
§
ORDER
The record before us does not contain a clear trial court’s certification of the defendant’s
right of appeal. TEX.R.APP.P. 25.2(a)(2), (d). The submitted clerk’s record indicates a motion to
withdraw guilty plea was granted by an order signed on June 22, 2021. The record reflects on
March 22, 2022 the trial court’s signed certification states “is a plea bargain case and defendant is
requesting permission to appeal ruling on motion to withdraw plea.” However, Appellant’s notice
of appeal asserts he is appealing “from the conviction and sentence in this cause and all related
causes.”
The trial court is ordered to prepare and file with the trial court clerk within thirty days
from the date of this order a clarification of the certification of the defendant’s right of appeal as
required by TEX.R.APP.P. 25.2(a)(2) and 25.2(d) as to whether he may appeal: his judgment and
sentence; or an order denying a motion to withdraw his plea; or neither. The trial court clerk shall
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prepare a supplemental clerk’s record containing the certification and file it with this Court no later
than June 30, 2022.
IT IS SO ORDERED this 20th day of May, 2022.
PER CURIAM
Before, Rodriguez C.J., Palafox and Alley, JJ.
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