Opinion
NO. 14-17-00922-CR
01-09-2018
ANTHONY WAYNE SYKES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court Harris County, Texas
Trial Court Cause No. 1513135
ABATEMENT ORDER
Appellant timely appealed from a judgment adjudicating guilt of evading arrest or detention in a vehicle. On January 2, 2018, the trial court clerk filed the clerk's record, which did not contain a certification of appellant's right to appeal related to the adjudication. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12); see also 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. 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).
The record contains a certification of the right to appeal signed after appellant's original plea.
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, 154 S.W.3d at 613. In connection with this record, pursuant to Tex. R. App. P. 37.1 and 44.4, we abate this appeal and direct the trial court to file a certification of the defendant's right of appeal 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 within 30 days of the date of this order.
PER CURIAM