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Green v. State

Court of Appeals of Texas, Eighth District, EL Paso

January 29, 2014

ALFRED CHARLES GREEN, Appellant,
v.
THE STATE OF TEXAS, State.

Appeal from the 366th District Court of Collin County, Texas (TC# 366-28982-2011)

Before McClure, C.J., Rivera and Rodriguez, JJ.

ORDER

PER CURIAM

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. Tex.R.App.P. 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. Tex.R.App.P. 25.2(d). The certification must be signed by the defendant and a copy must be given to him. Tex.R.App.P. 25.2(d).

The supplemental clerk's 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, we direct 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. Tex.R.App. P. 25.2(d). 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 ...


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