Albert Lee Sandefur Garcia v. State ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00241-CR
ALBERT LEE SANDEFUR GARCIA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 287th District Court
Bailey County, Texas
Trial Court No. 3053, Honorable Gordon H. Green, Presiding
October 23, 2020
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Albert Lee Sandefur Garcia, appeals the trial court’s judgment revoking
his community supervision and sentencing him to ten years’ confinement for the offense
of assault.1 The clerk’s record has been filed but does not contain the trial court’s
certification of appellant’s right to appeal the judgment. See TEX. R. APP. P. 25.2(a)(2)
(requiring the trial court to issue a certification of the defendant’s right of appeal each time
it enters a judgment of guilt or other appealable order). By letter of September 11, 2020,
1 TEX. PENAL CODE ANN. § 22.01(b)(2)(B) (West Supp. 2020) (third-degree felony offense).
we notified the trial court of the omission and requested that the court file a certification
with the trial court clerk by October 12, 2020. See TEX. R. APP. P. 37.1. The trial court
clerk has notified us that no certification has yet been filed.
Accordingly, we now abate the appeal and remand the cause to the trial court to
prepare a certification of appellant’s right of appeal in accordance with Rule of Appellate
Procedure 25.2(d). The certification shall be included in a supplemental clerk’s record
filed with the Clerk of this Court by November 23, 2020. See TEX. R. APP. P. 34.5(c)(2).
It is so ordered.
Per curiam
Do not publish.
2