Court of Appeals of Texas, Eighth District, El Paso
from the 409th District Court of El Paso County,
Texas (TC# 20150D00299)
McClure, C.J., Rodriguez and Palafox, JJ.
being convicted by a jury of Counts I and II of the
indictment, Appellant, Raymundo Carranza, filed a notice of
appeal. These convictions are reflected in the nunc pro tunc
judgment signed by the trial court on September 21, 2016.
Appellant later waived his right to a jury trial and entered
a plea of guilty to Count III, and he waived his right to
appeal his conviction of Count III. The judgment related to
Count III was signed by the trial court on December 16, 2016.
On that same date, the trial court signed a certification of
the defendant's right to appeal in which it certified
that Appellant did not have a right to appeal and he waived
the right of appeal.
Rules of Appellate Procedure require us to dismiss this
appeal unless we find that the certification is defective.
See Tex.R.App.P. 25.2(d); Dears v. State,
154 S.W.3d 610, 613 (Tex.Crim.App. 2005). The record reflects
that the waiver of the right to appeal applied only to Count
III. Thus, the trial court's certification is correct
with respect to Appellant's conviction of Count III, but
we have found nothing in the record to indicate that
Appellant waived his right to appeal his conviction of Counts
I and II. Accordingly, we find that the certification is
defective because it is contrary to the record. The trial
court is ORDERED to enter a new certification of the
defendant's right to appeal with respect to Counts I and
II. Given that Appellant has already been advised of his
rights to appeal and to file a petition for discretionary
review, the trial court is not required to obtain
Appellant's signature on the certification. The trial
court shall file ...