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 Co urt

Harris County, Texas Trial Court Cause No s . 1366175 & 1366176



### ABATEMENT ORDER

On November 13, 2013, a ppellant entered guilty pleas, without an agreed recommendation on punishment, to two charges of intoxication manslaughter. After a pre

- sentence inve stigation, 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 ti mely notice of appeal in each case.The clerk’s records in these appeals contain t he 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. N on

- negotiated waivers of the right to appeal are valid only if the defen dant waived the right of appeal knowing with certainty the punishment that would be assessed

. Monre al 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, 2 07 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 a ppeal 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 t he 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 appeal s and instruct the trial court to sign correc ted 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 supplementalclerk ’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 appeal s are abated, treated as closed case s , and remov ed from this court’s active docket. The appeal s 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 appeal s filed by either part y, or the court may reinstate the appeal s on its own motion.

PER CURIAM