Motion Granted; Abatement Order filed November 6, 2014.

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00241-CR

NO. 14-14-00242-CR

____________

GRISELDA AZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause Nos. 1366175 & 1366176

ABATEMENT ORDER

On November 13, 2013, appellant entered guilty pleas, without an agreed 

recommendation on punishment, to two charges of intoxication manslaughter. 

After a pre-sentence investigation, the trial court sentenced appellant in each case 

on February 21, 2014, to confinement for fifteen years in the Institutional Division 

of the Texas Department of Criminal Justice, with the sentences to be served 

concurrently. Appellant filed a timely notice of appeal in each case. 
The clerk’s records in these appeals contain the trial court’s signed 

certifications of the defendant’s right to appeal in which the court certified that the 

defendant had waived the right to appeal. See Tex. R. App. P. 25.2(d). The records 

do not contain valid waivers of the right to appeal, however. Non-negotiated 

waivers of the right to appeal are valid only if the defendant waived the right of 

appeal knowing with certainty the punishment that would be assessed. Monreal v. 

State, 99 S.W.3d 615, 621 (Tex. Crim. App. 2003). Because there were no plea 

bargains in these cases, any waivers made before sentencing could not have been 

made with certain knowledge of the punishment that would be assessed. See Ex 

parte DeLaney, 207 S.W.3d 794, 796-97 (Tex. Crim. App. 2006). 

On May 1, 2014, this court abated the appeals for appointment of counsel. In 

addition, the court directed the trial court to review the record and determine if 

appellant signed a valid waiver of her right to appeal in each case. If no waivers 

were signed, this court instructed the court to sign revised certifications of the 

defendant’s right to appeal and see that that a supplemental clerk’s record 

containing the new certification is filed in each case. See Tex. R. App. P. 25.2(f). 

On May 21, 2014, the court held a hearing, and appointed the Harris County 

Public Defender’s office to represent appellant. A supplemental record containing 

the order appointing counsel was filed July 28, 2014. No signed waivers of the 

right of appeal were included in the supplemental record. The trial court did not 

sign corrected certifications, however. 

On November 3, 2014, appellant’s appointed counsel filed a motion to abate 

the appeals and instruct the trial court to sign corrected certifications of appellant’s 

right of appeal. We GRANT the motion and issue the following order:

We ORDER the appeals ABATED for the trial court to sign corrected 

certifications of the defendant’s right to appeal and see that that a supplemental 
clerk’s record containing the new certification is filed in each case. See Tex. R. 

App. P. 25.2(f). These supplemental records shall be filed with the clerk of this 

court on or before November 21, 2014.

The appeals are abated, treated as closed cases, and removed from this 

court’s active docket. The appeals will be reinstated on this court’s active docket 

when the supplemental clerk’s records are filed in this court. The court will also 

consider an appropriate motion to reinstate the appeals filed by either party, or the 

court may reinstate the appeals on its own motion. 

PER CURIAM