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NUMBER 13-20-00145-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

EPHRAIN RELIFORD, Appellant

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 105th District Court

of Kleberg County, Texas.

O R D E R

Before Justices Benavides, Perkes, and Tijerina

Order Per Curiam

Appellant, Ephrain Reliford, has filed a notice of appeal with this Court from his 

conviction in trial court cause number 18-CRF-0348. The trial court’s certification of the 

defendant’s right to appeal shows that the defendant does not have the right to appeal. 

See TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an 

appeal must be dismissed if a certification showing that a defendant has a right of 

appeal is not made a part of the record. Id. R. 25.2(d); see id. R. 37.1, 44.3, 44.4. The 
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purpose of the certification requirement is to efficiently sort appealable cases from nonappealable cases so that appealable cases can “move through the system unhindered 

while eliminating, at an early stage, the time and expense associated with nonappealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist., 159 S.W.3d 

645, 649 (Tex. Crim. App. 2005); see Hargesheimer v. State, 182 S.W.3d 906, 912 

(Tex. Crim. App. 2006). 

The Texas Court of Criminal Appeals has held that a trial counsel’s duties do not 

end upon sentencing, but rather, include advising a client concerning the right to appeal 

and “taking other steps to pursue an appeal.” See Jones v. State, 98 S.W.3d 700, 703 

(Tex. Crim. App. 2003).

Within thirty days of date of this notice, appellant’s lead appellate counsel, 

Kenneth Botary, is hereby ORDERED to: 1) review the record; 2) determine whether 

appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings 

as to whether appellant has a right to appeal and/or advise this Court as to the 

existence of any amended certification. If appellant’s counsel determines that appellant 

has a right to appeal, counsel is further ORDERED to file a motion with this Court within 

thirty days of this notice, identifying and explaining substantive reasons why appellant 

has a right to appeal. See TEX. R. APP. P. 44.3, 44.4; Dears v. State, 154 S.W.3d 610, 

614–15 (Tex. Crim. App. 2005); see also, e.g., Carroll v. State, 119 S.W.3d 838, 841 

(Tex. App.—San Antonio 2003, no pet.) (certification form provided in appendix to 

appellate rules may be modified to reflect that defendant has right of appeal under 

circumstances not addressed by the form). The motion must include an analysis of the 

applicable case law, and any factual allegations therein must be true and supported by 

the record. See Dears, 154 S.W.3d at 614–15; cf. Woods v. State, 108 S.W.3d 314, 
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316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3) and holding that 

recitations in the notice of appeal must be true and supported by the record). Copies of 

record documents necessary to evaluate the alleged error in the certification affecting 

appellant’s right to appeal shall be attached to the motion. See TEX. R. APP. P. 10.1,

10.2.

PER CURIAM

Do not publish. 

TEX. R. APP. P. 47.2(b).

Delivered and filed the 

17th day of March, 2020.