COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Debeyon Patrice Young v. The State of Texas

Appellate case number: 01-15-00412-CR

Trial court case number: 1388619

Trial court: 208th District Court of Harris County

Appellant pled guilty to the offense of aggravated robbery without an agreed 

recommendation from the State as to sentencing. At the time of the plea, the trial court signed a 

certification of the defendant’s right to appeal, indicating appellant had waived the right to 

appeal. After a hearing, the trial court sentenced appellant to 35 years in the Institutional 

Division of the Texas Department of Criminal Justice. On the same date, the trial court signed 

another certification, indicating that although this was a plea bargain, appellant had permission to 

appeal. This certification does not indicate whether appellant has the right to appeal the entire 

case or only the sentencing portion. Appellant’s counsel has filed a motion to abate, asking that

we remand to the trial court for a determination of appellant’s right to appeal.

The Rules of Appellate Procedure provide that an amended trial court’s certification of 

the defendant’s right to appeal correcting a defect or omission may be filed in the appellate court. 

See TEX. R. APP. P. 25.2(f), 34.5(c), 37.1. Furthermore, when we have a record, we are obligated 

to review the record to ascertain whether the certification is defective and, if it is defective, we 

must use Rules 37.1 and 34.5(c) to obtain a correct certification. Dears v. State, 154 S.W.3d 

610, 614–15 (Tex. Crim. App. 2005); see TEX. R. APP. P. 34.5(c), 37.1. 

In this case, we have examined the certification and determined that it may be defective. 

Therefore, we must obtain a new certificate of appeal, and we order the trial court to amend the 

certification to conform to the record. See Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. 

Crim. App. 2006); Dears, 154 S.W.3d at 615; Terrell v. State, 264 S.W.3d 110, 113–14 (Tex. 

App.—Houston [1st Dist.] 2007, order); see also TEX. R. APP. P. 25.2(f), 34.5(c), 37.1, 44.4 

(authorizing amendment of certification; allowing supplementation of clerk’s record; requiring 

appellate court to make appropriate order when certification is defective; prohibiting dismissal 

based on trial court’s erroneous action that can be corrected and requiring appellate court to 

direct trial court to correct error).
Accordingly, this Court ORDERS the trial court to execute an amended “Trial Court’s 

Certification of Defendant’s Right of Appeal.” A supplemental clerk’s record containing the 

amended certification shall be filed with this Court no later than 20 days from the date of this 

order. 

The appeal is abated, treated as a closed case, and removed from this Court’s active 

docket. The appeal will not be reinstated on this Court’s active docket until records that 

comply with our order are filed with the Clerk of this Court. The court coordinator of the 

trial court shall set a hearing date and notify the parties.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Date: January 5, 2016