Opinion
No. 10-12-00193-CR
06-20-2012
MICHAEL ANTHONY MOORE, Appellant v. THE STATE OF TEXAS, Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 17957-272
ORDER
Michael Anthony Moore appeals the trial court's denial of Moore's "Motion for Post Conviction Forensic DNA Testing." It appears that the trial court's order denying Moore's motion was actually signed on January 5, 2012 rather than on January 5, 2011 as noted on the order. See C.R. 80.
Further, we also note that a certification of defendant's right of appeal does not appear in the record. Rule 25.2 of the Texas Rules of Appellate Procedure provides that a "trial court shall enter a certification of the 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).
Accordingly, this appeal is abated for the trial court to have the opportunity to make the record reflect the actual date the order was signed and to enter a certification of Moore's right to appeal. A supplemental clerk's record containing the corrected order, if any, and the certificate of right of appeal must be filed with this Court within 21 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed June 20, 2012