Opinion
No. 07-07-0463-CR
January 11, 2008. DO NOT PUBLISH.
Appeal from the 320th District Court of Potter County; No. 56,147-D; Honorable Richard Dambold, Judge.
Sitting by assignment.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, Donald Ray Rector, Jr., was convicted by a jury of possession of a controlled substance in a drug free zone, enhanced, and sentenced to fifteen years confinement. Appellant timely filed a notice of appeal challenging his conviction. The clerk's record filed on January 3, 2008, contains the Trial Court's Certification of Defendant's Right of Appeal. The form, however, is not signed by Appellant as required by Rule 25.2(d) of the Texas Rules of Appellate Procedure. Consequently, we abate this appeal and remand the cause to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to secure a Certification of Defendant's Right of Appeal in compliance with Rule 25.2(d). Once properly executed, the certification shall be included in a supplemental clerk's record and filed with this Court on or before January 31, 2008. It is so ordered.
Rule 25.2(d) was amended to require that a defendant sign the certification and receive a copy. The amendment became effective September 1, 2007.