Ramsey Orlando Guerrero v. State ( 2018 )


Menu:
  •                             NUMBER 13-18-00324-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    RAMSEY ORLANDO GUERRERO,                                                    Appellant,
    v.
    THE STATE OF TEXAS,                                                          Appellee.
    On appeal from the 36th District Court
    of San Patricio County, Texas.
    ORDER
    Before Justices Contreras, Longoria, and Hinojosa
    Order Per Curiam
    Appellant, Ramsey Orlando Guerrero, has filed a notice of appeal with this Court
    from his conviction in trial court cause number S-17-3327CR. 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 date of this notice, appellant’s lead appellate counsel,
    Steven Gilmore, 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
    appellant’s right to appeal shall be attached to the motion. See TEX. R. APP. P. 10.1,
    10.2.
    2
    PER CURIAM
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed the
    22nd day of June 2018.
    3