IN THE COURT OF APPEALS FOR THE FIRST 

COURT OF APPEALS DISTRICT 

No. 01-15-00412-CR

DEBEYON PATRICE YOUNG,

Appellant

v.

THE STATE OF TEXAS,

Appellee 

___________________________________________________________ 

APPELLANT’S MOTION TO ABATE TO

 DETERMINE THE EXTENT TO WHICH 

APPELLANT MAY APPEAL 

___________________________________________________________ 

 Jerome Godinich, Jr. 

 TBA No. 08054700

 917 Franklin, Suite 320

 Houston, Texas 77002 

 (713) 237-8388 

 (713) 224-2889 FAX 

 JGodinich@AOL.com 

 

 Attorney for Appellant 

 (on appeal only) 

 

 November 30, 2015 

On Appeal from the 208th

District Court of Harris 

County, TX; Trial Cause No. 

1388619.

ACCEPTED

01-15-00412-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/1/2015 10:43:37 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/1/2015 10:43:37 AM CHRISTOPHER A. PRINE Clerk
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

DEBEYON PATRICE YOLUNG, Appellant in the above cause, would 

respectfully request the Court to abate this cause and remand it to the trial court for a 

determination of the extent to which Appellant may appeal. In support of said 

motion, Appellant would show the following:

I.

This appeal stems from Appellant’s conviction for aggravated robbery. (CR at 

162). Appellant pleaded guilty without an agreed recommendation to the trial court 

and was sentenced to a term of thirty-five [35] years. (CR at 162). Appellant gave 

notice of appeal. (CR at 166). 

II.

On 4-08-2015, the trial judge executed a, “Certification of Defendant’s Right 

to Appeal”. (CR at 159). In this certification, the trial judge indicated that the 

Appellant waived the right to appeal. On 4-20-2015, the same trial judge executed 

another “Certification of Defendant’s Right to Appeal”. (CR at 165). In this 

certification, the trial judge indicated that she gave Appellant permission to appeal.
In the present case, the two certifications of defendant’s right to appeal are 

conflicting. Compare Monreal v. State, 99 S.W.3d 615, 617 (Tex. Cr. App. 2003) (A 

waiver of the right to appeal that was made voluntarily, knowingly, and intelligently is 

valid and will prevent a defendant from appealing without the consent of the trial 

court.); Perez v. State, 129 S.W.3d 282, 287 (Tex. App. - Corpus Christi 2004, no pe.)

(“A valid waiver of appeal, whether negotiated or non-negotiated, will prevent a 

defendant from appealing without the consent of the trial court.”) with Willis v. State, 

121 S.W.3d 400, 403 (Tex. Cr. App. 2003) (trial court’s permission to appeal overrides 

even a valid waiver of the right to appeal).

III.

Undersigned counsel cannot determine from this record whether and to what 

extent Appellant may appeal and whether or not an Anders brief may be appropriate. 

This Court has the authority to abate a case to the trial court to correct errors in the 

record that prevent a proper consideration of the appeal. See TEX. R. APP. PROC.

44.4(b); Iles v. State, 127 S.W.3d 347, 350 (Tex. App. - Houston [1st Dist.] 2004, no 

pet.) (“The trial court is in a better position to determine whether the previously 

executed waiver of appeal was in fact validly executed and if there is any arguable 

merit in appellant's desire to appeal.”). 
PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Honorable

Court to grant this Motion to Abate and order the trial court to determine the extent 

to which Appellant may appeal. 

Respectfully submitted,

By: /s/ JEROME GODINICH, JR.

Jerome Godinich, Jr.

TBA No. 08054700

917 Franklin, Suite 320

Houston, Texas 77002

(713) 237-8388 

(713) 224-2889 FAX

JGodinich@AOL.com

Attorney for Appellant

(on appeal only)

November 30, 2015
CERTIFICATE OF SERVICE

I certify that a copy of this Post-Submission Brief for Appellant has been 

served upon the State of Texas by e-mailing a copy of same to the following parties at 

their respective addresses on this the 27th day of March, 2015: 

ALAN CURRY

HARRIS CO. DISTRICT ATTORNEY

1201 FRANKLIN

HOUSTON, TX 77002

/s/ JEROME GODINICH, JR.

Jerome Godinich, Jr.