Opinion
No. 07-08-0152-CR
July 17, 2008. DO NOT PUBLISH.
Appeal from the 84th District Court of Hutchinson County; No. 10,036; Honorable William D. Smith, Judge.
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, John Wayne Jackson, was convicted of one count of aggravated sexual assault and sentenced to thirty-five years confinement. He was also convicted of a separate count of indecency with a child and sentenced to twenty years confinement, sentences to run concurrently. The clerk's record was filed on July 15, 2008. Upon reviewing the record, it came to this Court's attention that the Trial Court's Certification of Defendant's Right of Appeal does not comply with Rule 25.2(d) of the Texas Rules of Appellate Procedure. As of September 1, 2007, a defendant must sign and receive a copy of the certification. Additionally, the new form provides certain admonishments to a defendant not previously required. Consequently, we abate this appeal and remand this cause to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to secure a proper Certification of Defendant's Right of Appeal in compliance with Rule 25.2(d). Once properly completed and executed, the certification shall be included in a supplemental clerk's record. See Tex. R. App. P. 34.5(c)(2). The trial court shall cause this supplemental clerk's record to be filed with the Clerk of this Court by September 1, 2008. This order constitutes notice to all parties, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure, of the defective certification. 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.
The proper form for the Trial Court's Certification of Defendant's Right of Appeal is contained in Appendix D to the 2008 Texas Rules of Appellate Procedure.