Ian Flemming Cone v. State

Opinion

Abatement Order filed August 31, 2018

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00674-CR ____________

IAN FLEMMING CONE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Court at Law No. 7 Travis County, Texas Trial Court Cause No. C-1-CR-17-500411

ABATEMENT ORDER

Appellant timely appealed from his conviction of theft. The clerk’s record, filed August 27, 2018, does not contain a certification of appellant’s right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12).

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 appeal 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 trial court shall file a certification of the defendant’s right of appeal with the district clerk and direct the clerk to prepare and file a supplemental clerk’s record containing the certification with this court by October 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