Cristobal Garcia v. State ( 2018 )


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  •                             NUMBER 13-18-00132-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    CRISTOBAL GARCIA,                                                            Appellant,
    v.
    THE STATE OF TEXAS,                                                           Appellee.
    On appeal from the 36th District Court
    of San Patricio County, Texas.
    ORDER
    Before Justices Rodriguez, Contreras, and Hinojosa
    Order Per Curiam
    Appellant, Cristobal Garcia, has filed a notice of appeal with this Court from his
    conviction in trial court cause number S-17-3337CR. The trial court’s certification of the
    defendant’s right to appeal shows that the defendant does not have the right to appeal.
    See TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an
    appeal must be dismissed if a certification showing that a defendant has a right of
    appeal is not made a part of the record. 
    Id. R. 25.2(d);
    see 
    id. R. 37.1,
    44.3, 44.4. The
    purpose of the certification requirement is to efficiently sort appealable cases from non-
    appealable cases so that appealable cases can “move through the system unhindered
    while eliminating, at an early stage, the time and expense associated with non-
    appealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist., 
    159 S.W.3d 645
    , 649 (Tex. Crim. App. 2005); see Hargesheimer v. State, 
    182 S.W.3d 906
    , 912
    (Tex. Crim. App. 2006).
    Within thirty days of the date of this notice, appellant’s lead appellate counsel,
    Dayna Jones, is hereby ORDERED to: 1) review the record; 2) determine whether
    appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings
    as to whether appellant has a right to appeal and/or advise this Court as to the
    existence of any amended certification.
    If appellant’s counsel determines that appellant has a right to appeal, counsel is
    further ORDERED to file a motion with this Court within thirty days of this notice,
    identifying and explaining substantive reasons why appellant has a right to appeal. See
    TEX. R. APP. P. 44.3, 44.4; Dears v. State, 
    154 S.W.3d 610
    , 614–15 (Tex. Crim. App.
    2005); see also, e.g., Carroll v. State, 
    119 S.W.3d 838
    , 841 (Tex. App.—San Antonio
    2003, no pet.) (certification form provided in appendix to appellate rules may be
    modified to reflect that defendant has right of appeal under circumstances not
    addressed by the form). The motion must include an analysis of the applicable case
    law, and any factual allegations therein must be true and supported by the record. See
    
    Dears, 154 S.W.3d at 614
    –15; cf. Woods v. State, 
    108 S.W.3d 314
    , 316 (Tex. Crim.
    App. 2003) (construing former appellate rule 25.2(b)(3) and holding that recitations in
    the notice of appeal must be true and supported by the record). Copies of record
    documents necessary to evaluate the alleged error in the certification affecting
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    appellant’s right to appeal shall be attached to the motion. See TEX. R. APP. P. 10.1,
    10.2.
    PER CURIAM
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed the
    22nd day of May 2018.
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