NUMBER 13-15-00543-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

JOE GUIDRY, Appellant

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 94th District Court

of Nueces County, Texas.

O R D E R

Before Justices Garza, Benavides, and Longoria

Order Per Curiam

Appellant, Joe Guidry, has filed a notice of appeal with this Court from his 

conviction in trial court cause number 14-CR-3274-C(S1). 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 purpose of the certification requirement is to efficiently sort appealable cases 
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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, 

George Picha III, 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, 

316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3) and holding that 
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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 

18th day of November, 2015.