Cesar Rafael Zuniga v. State ( 2018 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    September 20, 2018
    No. 04-18-00626-CR
    Cesar Rafael ZUNIGA,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. 2016CR6579
    Honorable Mary D. Roman, Judge Presiding
    ORDER
    The clerk’s record has been filed, and it includes a copy of the trial court’s certification of
    appellant’s right of appeal. The certification does not show that the defendant has the right of
    appeal. We have reviewed the clerk’s record, and it appears the certification is not defective. See
    Dears v. State, 
    154 S.W.3d 610
    (Tex. Crim. App. 2005) (holding court of appeals must review
    clerk’s record to determine whether the certification is defective).
    We therefore ORDER that appellant is hereby notified that if an amended certification
    showing appellant has the right of appeal is not made part of the clerk’s record, this appeal will
    be dismissed within 30 days of this order. See 
    id. R. 25.2(d),
    (f) (requiring “dismiss[al] if a
    certification that shows the defendant has the right of appeal has not been made part of the
    record” and providing an amended certification may be filed in the appellate court under Rule
    37.1 or any time before the appellant’s brief is filed).
    We further ORDER that all other appellate deadlines are suspended pending further
    order of this court. We also ORDER the clerk of this court to send a copy of this order to the
    attorneys of record, the trial court clerk, and the court reporter(s) responsible for preparing the
    reporter’s record in this appeal
    _________________________________
    Luz Elena D. Chapa, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 20th day of September, 2018.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-18-00626-CR

Filed Date: 9/20/2018

Precedential Status: Precedential

Modified Date: 9/24/2018