1 of 3 NO. 04 -14-00878- CR NO. 04- 14 -00879- CR
MATTHEW DOUGLAS § IN THE FOURTH HAYES § § V. § DISTRICT COURT OF APPEALS

§ § THE STATE OF TEXAS § SAN ANTONIO, TEXAS

STATE’S REQUEST TO ABATE TO TRIAL COURT FOR

CLARIFICATION
TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS:
NOW COMES Nicholas “Nico” LaHood , Criminal District Attorney of Bexar County and Counsel for the State of Texas, and files this request to abate this cause back to the trial court for clarification of the certification of Appe llant’s right to appeal. Appellant entered into a plea agreement in two separate cause numbers whereby he pled guilty to two counts of aggravated robbery with a deadly weapon under each cause number (for a total of four counts) and judicially confessed to the

same. 1 (I CR at 8, 13 & II CR at 8, 13). After a pre-sentence investigation, Appellant was sentenced t o seven years’ confinement in the Texas Department of

1 The clerk’s record for Cause Number 2013

- CR

- 108 41W is referred to as I CR . The clerk’s record for cause number 2013- CR

- 1084 2W is referred to as II CR. The court reporter’s records ar e referred by [volume] RR at [page number] (e.g., I RR at 63). ACCEPTED 04-14-00878-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/20/2015 12:05:03 PM KEITH HOTTLE CLERK2 of 3

Criminal Justice , a sentence which was less than the bargained

- for cap of ten years’ confine ment

. (I CR at 62; II CR at 41). The certification of Appellant’s right to appeal is ambiguous as to Cause
Numb er 2013

- CR

- 10841W (I CR at 58) and the State filed a motion requesting
clarification in response to Appellant ’ s appellate brief

. Appellant now argues this ambiguity is an anomaly and that the certification of his right to appeal in Cause
Numb er 2013

- CR

- 10842W (II CR at 38) clearly shows that the trial court did grant him the right to appeal. (Appellant’s Reply at 2). Appellant also argues that despite the numerous oral admonitions contained in the court reporter’s records , which capture Appe llant’s repeated indications that he understood he was waiv ing his right to ap peal and still wished to proceed with the plea agreement , Appellant retained his right to appeal . (I RR at 6; III RR at 8

– 9). Appellant relies on the date
of his pl ea (December 4, 2013) to support his argument that because the certifications were “signed nearly two months later” they should control. (Appellant’s Reply at 3); however Appellant ignores the fact that Appellant was again admonished that he had waived his right to appeal at his sentencing on September 9, 2014 (nearly ten months after his plea and eight months after the
certification s of right to appeal) . (III RR at 8

– 9). Furthermore, the court signed its formal judgment in Cause Numbe r 2013

- CR

- 10841W on September 11 , 2014 and in the space after Notice of Appeal, it clearly states “DENIED.” (I CR at 62).3 of 3

Likewise, the formal judgment in Cause Number 2013

- CR10842W , signed by the

court on September 15, 2015 , also states “DENIED” in the space following Notice of Appeal

. (II CR at 63). In every place other than the single certification in Cause Number 2013

- CR

10841W , the record indicates Appellant knowingly and volu ntarily waived his right to appeal. Due to the inconsistencies in the record, the State asse rts that the
certification of Appellant’s right to appeal requires clarification by the trial court

. Because clarification of Appellant ’ s right to appea l is required, the State does not address any of Appellant’s points of error on appeal at this time. WHEREFORE, PREMISES CONSIDERED, Counsel for the St ate prays this Court abate the proceedings back to the trial court for clarification of the
certificatio n of Appellant’s right to appeal

. Respectfully submitted,
Nicholas “Nico” LaHood Criminal District Attorney Bexar County, T exas
/s/ Amanda C. Byrd

_____________________ Amanda C. Byrd State Bar No. 240 81811 Assistant Criminal District Attorney 101 W. Nueva Street San Antonio, Texas 78205

- 3030 Phone: (210) 335

- 2157 Email : Amanda.Byrd@B exa r.org4 of 3 CERTIFICATE OF SERVICE I, Amanda C. Byrd , Assistant District Attorney, Bexar County, Texas, certify that a copy of the foregoing motion was delivered by e
- mail to Mandy
Miller , attorney for appellant , on April 20 , 2015 at email address: Mandy@MandyMillerLegal.com

.

_ /s/ Amanda C. Byrd