Opinion
NO. 14-18-00026-CR
01-30-2018
NICOLE YVETTE BROWN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court Harris County, Texas
Trial Court Cause No. 1376396
ABATEMENT ORDER
Appellant timely appealed from an adjudication of guilt for forgery. On January 25, 2018, the trial court clerk filed the clerk's record, which contained a certification from the original order of deferred adjudication, signed September 12, 2016, but did not contain a certification of appellant's right to appeal from the judgment adjudicating guilt, signed November 29, 2017. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12).
A defendant has the right to appeal a judgment adjudicating guilt. See Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006).
An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) ("The court of appeals must dismiss an appeal if a certification showing that the defendant has the right to appeal is not made a part of the appellate record.").
We therefore abate the case and order the trial court to execute a certification of appellant's right to appeal the judgment adjudicating guilt. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, 420 S.W.3d 803, 806-07 (Tex. Crim. App. 2013).
We direct the trial court to file a certification of the defendant's right of appeal the judgment adjudicating guilt with the trial court clerk and direct the clerk to prepare and file a supplemental clerk's record containing the corrected certification with this court by March 1, 2018.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental record containing the certification of the defendant's right to appeal is filed.
PER CURIAM