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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 Appellant’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.

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 (I CR at 8, 13 & II CR at 8, 13). After a pre-sentence investigation, 

Appellant was sentenced to seven years’ confinement in the Texas Department of 

 

1 The clerk’s record for Cause Number 2013-CR-10841W is referred to as I CR. The clerk’s record for cause 

number 2013-CR-10842W is referred to as II CR. The court reporter’s records are 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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/20/2015 12:05:03 PM KEITH E. HOTTLE Clerk
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Criminal Justice, a sentence which was less than the bargained-for cap of ten 

years’ confinement. (I CR at 62; II CR at 41). 

The certification of Appellant’s right to appeal is ambiguous as to Cause 

Number 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 

Number 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 Appellant’s repeated indications that he understood he was waiving 

his right to appeal 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 plea (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 

certifications of right to appeal). (III RR at 8–9). Furthermore, the court signed its 

formal judgment in Cause Number 2013-CR-10841W on September 11, 2014 and 

in the space after Notice of Appeal, it clearly states “DENIED.” (I CR at 62). 
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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-CR10841W, the record indicates Appellant knowingly and voluntarily waived his 

right to appeal. Due to the inconsistencies in the record, the State asserts that the 

certification of Appellant’s right to appeal requires clarification by the trial court.

Because clarification of Appellant’s right to appeal 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 State prays 

this Court abate the proceedings back to the trial court for clarification of the 

certification of Appellant’s right to appeal.

Respectfully submitted,

Nicholas “Nico” LaHood

Criminal District Attorney

Bexar County, Texas

/s/ Amanda C. Byrd

_____________________

Amanda C. Byrd

State Bar No. 24081811

Assistant Criminal District Attorney

101 W. Nueva Street

 San Antonio, Texas 78205-3030

Phone: (210) 335-2157

Email: Amanda.Byrd@Bexar.org
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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