Ashley A. Groom v. The State of Texas--Appeal from County Court at Law No 2 of Lubbock County
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NO. 07-10-00173-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 23, 2010
ASHLEY GROOM, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;
NO. 2007-448,335; HONORABLE DRUE FARMER, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATE AND REMAND
Appellant, Ashley Groom, has filed notice of appeal of the revocation of her
community supervision for the offense of reckless driving and resulting sentence of
thirty days incarceration in the Lubbock County Jail. The clerk=s record was filed on
August 9, 2010. Included within the clerk’s record is the trial court’s certification of
defendant’s right of appeal.
Texas Rule of Appellate Procedure 25.2(a)(2) requires that a trial court shall
enter a certification of defendant=s right of appeal each time it enters a judgment of guilt
or other appealable order.
TEX. R. APP. P. 25.2(a)(2); Hargesheimer v. State, 182
S.W.3d 906, 911 (Tex.Crim.App. 2006). An appeal must be dismissed if a certification
that shows the defendant has the right of appeal has not been made part of the record
under the applicable rules. TEX. R. APP. P. 25.2(d). An appellate court that has an
appellate record that includes a certification is obligated to review the record to
ascertain whether the certification is defective. Dears v. State, 154 S.W.3d 610, 615
(Tex.Crim.App. 2005).
Pursuant to an amendment to Rule 25.2(d), which became effective on
September 1, 2007, the certification of defendant=s right of appeal must be signed by
the defendant and a copy must be given to him. TEX. R. APP. P. 25.2(d). Additionally,
the certification shall include a notice that the defendant has been informed of his rights
concerning appeal, as well as his right to file a pro se petition for discretionary review.1
The certification contained in the clerk=s record in this case states that this was
not a plea-bargain case, and that appellant has the right of appeal.
However, the
certification was not signed by appellant, does not reflect whether a copy of the
certification was given to appellant, and does not include the written admonishments
that must be given to appellant. Therefore, the certification on file is defective.
Consequently, we abate this appeal and remand the cause to the trial court for
further proceedings.
Upon remand, the trial court shall utilize whatever means
necessary to secure a certification of defendant=s right of appeal that complies with Rule
1
The proper form for Certification of Defendant=s Right of Appeal is contained in
Appendix D of the Texas Rules of Appellate Procedure.
2
25.2(d). Once properly executed, the certification shall be included in a supplemental
clerk=s record and filed with the Clerk of this Court on or before September 27, 2010.
This order constitutes notice to all parties of the defective certification pursuant to
Rule 37.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.1. If a
supplemental clerk=s record containing a proper certification is not filed in accordance
with this order, this matter will be referred to the Court for dismissal. See TEX. R. APP.
P. 25.2(d).
It is so ordered.
Per Curiam
Do not publish.
3
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