Case Information

*1 C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON O RDER

Appellate case name: Henry Beliard v. The State of Texas

Appellate case number: 01-17-00482-CR

Trial court case number: 2093529

Trial court: County Criminal Court at Law No. 13 of Harris County

This is an appeal from a conviction for the offense of DWI. Although the trial judge noted that he was granting bail to permit an appeal of the denial of a motion to suppress, the trial court’s certification indicates this is a plea-bargain case and the defendant has no right to appeal.

The Rules of Appellate Procedure require us to dismiss an appeal unless a certification showing that the appellant has the right to appeal has been made part of the record. See T EX . R. A PP . P. 25.2(a)(2). The rules also provide that an amended trial court’s certification of the defendant’s right to appeal correcting a defect or omission may be filed in the appellate court. See T EX . R. A PP . P. 25.2(f), 34.5(c), 37.1. Further, when we have a record, we are obligated to review the record to ascertain whether the certification is defective and, if it is defective, we obtain a correct certification. Dears v. State , 154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005); see T EX . R. A PP . P. 34.5(c), 37.1.

Accordingly, we abate this appeal and remand the cause to the trial court for further proceedings. On remand, the trial court shall conduct a hearing within 20 days of the date of this order at which a representative of the Harris County District Attorney’s Office and appellant’s appointed counsel shall be present. Appellant shall also be present for the hearing in person or, if appellant is incarcerated, at the trial court’s discretion, appellant may participate in the hearing by use of a closed-circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound.*

We direct the trial court to:

1) Make a finding regarding whether or not appellant has the right to appeal; 2) If necessary, execute an amended certification of appellant’s right to appeal; On request of appellant, appellant and his counsel shall be able to communicate privately * without being recorded or heard by the trial court or the attorney representing the State.

3) Make any other findings and recommendations the trial court deems appropriate; and 4) Enter written findings of fact, conclusions of law, and recommendations as appropriate, separate and apart from any docket sheet notations.

The trial court shall have a court reporter, or court recorder, record the hearing. The trial court clerk is directed to file a supplemental clerk’s record containing the trial court’s findings, recommendations, and orders with this Court within 35 days of the date of this order . The court reporter is directed to file the reporter’s record of the hearing within 35 days of the date of this order . If the hearing is conducted by video teleconference, a certified recording of the hearing shall also be filed in this Court within 35 days of the date of this order .

The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when records that comply with our order are filed with the Clerk of this Court. The court coordinator of the trial court shall set a hearing date and notify the parties.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale

 Acting individually  Acting for the Court Date: September 19, 2017