David Ponder v. The State of Texas Appeal from County Court at Law No. 4 of Travis County (memorandum opinion by chief justice rose)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00060-CR David Ponder, Appellant v. State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. C-1-CR-15-100004, HONORABLE MIKE DENTON, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM David Ponder seeks to appeal his judgment of conviction. See Tex. Code Crim. Proc. art. 4.03. However, the clerk’s record does not contain the necessary trial court certification of Ponder’s right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to include trial court’s certification). Accordingly, we abate this appeal and remand the cause to the trial court for entry of a certification of Ponder’s right of appeal. See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court no later than March 16, 2017. See Tex. R. App. P. 34.5(c)(2). It is ordered on February 14, 2017. Before Chief Justice Rose, Justices Field and Bourland Abated and Remanded Filed: February 14, 2017 Do Not Publish 2

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