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David Gerardo Rincon v. State
04-16-00543-CR
| Tex. App. | Oct 11, 2016
|
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Case Information

*1 Fourth Court of Appeals

San Antonio, Texas

October 11, 2016

No. 04-16-00543-CR

David Gerardo RINCON,

Appellant

v.

The STATE of Texas,

Appellee From the County Court at Law No 2, Webb County, Texas

Trial Court No. 2014CRB000880 L2 Honorable Jesus Garza, Judge Presiding

O R D E R

A jury found appellant David Gerardo Rincon guilty of the offense of Driving While Intoxicated, Class B, and assessed his punishment at 150 days in jail and a $2,000.00 fine. The trial court entered a judgment after verdict. Appellant timely filed a notice of appeal, but the clerk’s record does not contain a trial court’s certification of defendant’s right of appeal.

“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.” T EX . R. A PP . P. 25.2(a)(2). Generally, a trial court’s judgment after verdict is a judgment of guilt and is an appealable order. See id. ; Cortez v. State , 420 S.W.3d 803, 805 (Tex. Crim. App. 2013); see also T EX . C ODE C RIM . P ROC . A NN . art. 44.02 (West 2006); T EX . R. A PP . P. 33.1.

Therefore, we ORDER the presiding judge of County Court at Law No. 2 of Webb County, Texas to (1) sign a completed certification indicating whether the defendant has a right of appeal and (2) forward it to the Webb County Clerk within TWENTY DAYS of the date of this order.

We FURTHER ORDER the Webb County Clerk to file a supplemental clerk’s record containing the trial court’s certification of the defendant’s right of appeal in this court within TEN DAYS after the trial court provides the certification to the clerk. See T EX . R. A PP . P. 34.5(c)(2).

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of October, 2016.

___________________________________ Keith E. Hottle Clerk of Court

Case Details

Case Name: David Gerardo Rincon v. State
Court Name: Court of Appeals of Texas
Date Published: Oct 11, 2016
Docket Number: 04-16-00543-CR
Court Abbreviation: Tex. App.
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