Billy Joe Roush v. State ( 2018 )

NUMBER 13-18-00350-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
BILLY JOE ROUSH, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On Appeal from the 424th District Court
of Llano County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Appellant, Billy Joe Roush, filed a notice of appeal with this Court from his
conviction in trial court cause number CR7464.1 The trial court’s certification of the
1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2017 1st C.S.).
defendant’s right to appeal does not contain the defendant’s signature. See TEX. R. APP.
P. 25.2(d). On August 15, 2018, the Clerk of the Court requested that the trial court
provide an amended certification of defendant’s right of appeal containing the defendant’s
signature. The District Clerk responded that the trial court certification was mailed to
defendant but has not been returned.
The Texas Rules of Appellate Procedure require the trial court to enter a
certification of the defendant’s right of appeal in every case in which it enters a judgment
of guilt or other appealable order. See id. 25.2(a)(2). The certification must include a
notice that the defendant has been informed of his rights concerning an appeal, as well
as any right to file a pro se petition for discretionary review. See id. 25.2(d). The
certification must be signed by the defendant and a copy must be given to him. See id.
25.2(d).
The record in this cause contains the trial court’s certification pursuant to TEX. R.
APP. P. 25.2(a)(2), but the certification is defective because it has not been signed by the
defendant. Accordingly, this matter is ABATED and REMANDED to the trial court to
remedy the defect in the certification by preparing and filing a “Trial Court’s Certification
of Defendant’s Right of Appeal” which includes the defendant’s signature. All of the
provisions of 25.2(d) should be complied with including the requirement that the
defendant be informed of his rights concerning an appeal, as well as any right to file a pro
se petition for discretionary review. The trial court's amended certification, and any
orders it enters shall be included in a supplemental clerk's record. The trial court is
directed to cause the supplemental clerk's record to be filed with the Clerk of this Court
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within thirty days of the date of this order. Should the trial court require more time to
comply with the directions of this Court, it shall request an extension prior to the expiration
of this deadline.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this the
4th day of September, 2018.
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