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NUMBER 13-19-00050-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ROBERT ALLEN BOYDEN A/K/A ROBERT ALLEN BOYDEN JR.,Appellant

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 156th District Court

of Bee County, Texas.

O R D E R

Before Chief Justice Contreras and Justices Benavides and Hinojosa

Order Per Curiam

Appellant, Robert Allen Boyden a/k/a Robert Allen Boyden Jr., has filed a notice 

of appeal with this Court from his conviction in trial court cause number B-18-2111-0-

CR-B. 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. 
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25.2(d); see id. R. 37.1, 44.3, 44.4. The purpose of the certification requirement is to 

efficiently sort appealable cases from non-appealable cases so that appealable cases 

can “move through the system unhindered while eliminating, at an early stage, the time 

and expense associated with non-appealable 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, 

Patrick Overman, 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 

19th day of February, 2019.