Richard Vargas v. State

Summary

The Fourth Court of Appeals granted appellate counsel’s request to obtain the trial court’s Rule 25.2 certification from the appellant and directed the Milam County Clerk’s Office to file a supplemental clerk’s record within 10 days. The court also granted the appellant’s motion for an extension of time to file the brief, making it due 30 days after the supplemental clerk’s record is filed.

Holdings

1. The court granted appellate counsel permission to obtain the trial court's certification from appellant and ordered the Milam County Clerk's Office to accept it and prepare, certify, and file a supplemental clerk's record containing the certification.
2. The court granted appellant's motion for an extension of time, making the brief due thirty days after the trial court clerk filed the supplemental clerk's record containing the Rule 25.2 certification.

Questions Presented

1. Whether appellate counsel should be permitted to obtain the trial court's Rule 25.2 certification from appellant and submit it to the district clerk.
2. Whether appellant should receive an extension of time to file the appellate brief pending preparation and filing of the supplemental clerk's record.

Disposition

other