Michael Ray Ellsworth v. The State of Texas Appeal from 207th District Court of Comal County (memorandum opinion per curiam)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00524-CR Michael Ray Ellsworth, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2016–318, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Appellant Michael Ray Ellsworth seeks to appeal his judgment of conviction for aggravated sexual assault of a child younger than six years of age. See Tex. Penal Code § 22.021(a)(1)(B), (2)(B), (f)(1). The clerk’s record does not contain the required trial court certification of appellant’s right of appeal, see Tex. R. App. P. 25.2(a)(2) (mandating 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), and the district clerk has informed this Court that a certification cannot be produced because no such document has been filed with the clerk. This appeal is therefore abated and the trial court is directed to prepare and file its certification of appellant’s right of appeal as required by the Texas Rules of Appellate Procedure. 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 November 9, 2017. See Tex. R. App. P. 25.2(d), 34.5(c)(2). It is so ordered on October 10, 2017. Before Chief Justice Rose, Justices Pemberton and Goodwin Abated and Remanded Filed: October 10, 2017 Do Not Publish 2
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