Ex Parte: Juan Valenzuela-RodriguezAppeal from 264th District Court of Bell County (memorandum opinion per curiam)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00249-CR Ex Parte: Juan Valenzuela-Rodriguez FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 62936-A, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Juan Valenzuela-Rodriguez has filed a notice of appeal from the district court s findings of fact and conclusions of law and order denying his application for post-conviction writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.09. The clerk s record contains a trial-court certification stating that Valenzuela-Rodriguez has waived his right to appeal. However, that certification relates to his judgment of conviction in cause number 62,936. The record in cause number 62,936-A does not contain a certification of Valenzuela-Rodriguez s right to appeal the district court s findings of fact and conclusions of law and order denying his application for post-conviction writ of habeas corpus. The rules of appellate procedure provide, The trial court shall enter a certification of the defendant s right of appeal each time it enters a judgment of guilt or other appealable order. Tex. R. App. P. 25.2(a)(2). Accordingly, we abate this cause and remand it to the district court for entry of a certification of Valenzuela-Rodriguez s right of appeal in cause number 62,936-A. See Tex. R. App. P. 34.5(c), 37.1, 44.4; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). Once entered, the certification shall be included in a supplemental clerk s record and filed with this Court no later than 10 days from the date of this opinion. Before Chief Justice Jones, Justices Goodwin and Field Abated Filed: May 15, 2013 Do Not Publish 2
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