Opinion
Nos. 07-09-0077-CR, 07-09-0078-CR, 07-09-0079-CR, 07-09-0080-CR
March 13, 2009. DO NOT PUBLISH.
Appealed from the 46th District Court of Hardeman County; Nos. 4088, 4089, 4090, 4091; Hon. Dan Mike Bird, Presiding.
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
On Abatement and Remand
Pending before the court are the appeals of Sydney Lynn Weeks. The clerk's record in each case was filed on March 5, 2009. Contained therein is the Trial Court's Certification of Defendant's Right of Appeal, which was executed on February 17, 2009, after amendments to Rule 25.2(d) of the Texas Rules of Appellate Procedure became effective on September 1, 2007. The form on file does not comply with the amendments to the rule, which now require that a defendant sign the certification and receive a copy. Additionally, the new form provides certain admonishments to a defendant not previously required. Procedural rules generally control litigation from their effective date. Wilson v. State, 473 S.W.2d 532, 535 (Tex.Crim.App. 1971). Consequently, we abate these appeals and remand the causes to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to determine if appellant desires to continue the appeals and, if so, secure a proper Certification of Defendant's Right of Appeal in compliance with Rule 25.2(d). Once properly completed and executed, the certification shall be included in a supplemental clerk's record for each case. See TEX. R. APP. P. 34.5(c)(2). The trial court shall cause these supplemental clerk's records to be filed with the Clerk of this Court by April 13, 2009. This order constitutes notice to all parties, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure, of the defective certification. If supplemental clerk's records containing a proper certification are not filed in accordance with this order, these matters will be referred to the Court for dismissal. See TEX. R. APP. P. 25.2(d). It is so ordered.
The proper form for Certification of Defendant's Right of Appeal is contained in Appendix D to the 2008Texas Rules of Appellate Procedure.