CONE v. STATE, 14-18-00674-CR. (2018)
Court: Court of Appeals of Texas
Number: intxco20180904650
Visitors: 9
Filed: Aug. 31, 2018
Latest Update: Aug. 31, 2018
Summary: ABATEMENT ORDER PER CURIAM . Appellant timely appealed from his conviction of theft. The clerk's record, filed August 27, 2018, does not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610 , 613 (Tex. Crim. App. 2005) ("The court of appeals must dis
Summary: ABATEMENT ORDER PER CURIAM . Appellant timely appealed from his conviction of theft. The clerk's record, filed August 27, 2018, does not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610 , 613 (Tex. Crim. App. 2005) ("The court of appeals must dism..
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ABATEMENT ORDER
PER CURIAM.
Appellant timely appealed from his conviction of theft. The clerk's record, filed August 27, 2018, does not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12).
An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) ("The court of appeals must dismiss an appeal if a certification showing that the defendant has the right to appeal is not made a part of the appellate record.").
We therefore ABATE the appeal and order the trial court to execute a certification of appellant's right to appeal. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, 420 S.W.3d 803, 806-07 (Tex. Crim. App. 2013). The trial court shall file a certification of the defendant's right of appeal with the district clerk and direct the clerk to prepare and file a supplemental clerk's record containing the certification with this court by October 1, 2018.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental record containing the certification of the defendant's right to appeal is filed.
Source: Leagle
