Opinion
NO. 03-19-00046-CR
05-16-2019
In re Samuel Adkins
FROM THE 427TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-13-904105 , THE HONORABLE TAMARA NEEDLES, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Samuel Adkins seeks to appeal the trial court's order denying his motion for DNA testing. See Tex. Code Crim. Proc. arts. 64.01-.05. The clerk's record does not contain the required trial court's certification of appellant's right to 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). Although the record contains a document entitled "trial court's certification of defendant's right of appeal," the document fails to indicate whether Adkins has the right of appeal.
This appeal is therefore abated and the trial court is directed to prepare and file its certification of Adkins'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 May 31, 2019. See Tex. R. App. P. 25.2(d), 34.5(c)(2).
It is so ordered on this the 16th day of May, 2019. Before Chief Justice Rose, Justices Kelly and Smith Abated and Remanded Filed: May 16, 2019 Do Not Publish