Kobey Wayne Kelly v. State

Opinion

Order entered August 11, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00833-CR

KOBEY WAYNE KELLY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F13-16775-V

ORDER

By letter dated July 15, 2015, the Court notified the trial court that the record does not

contain a certification of appellant’s right to appeal. The trial court is required to prepare a certification of the right to appeal in every case in which the defendant is appealing. See Tex. R. App. P. 25.2(a); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013). Therefore, we asked the trial court to file, within ten days, a certification that accurately reflects the trial court proceedings. To date, we have not received the certification of appellant’s right to appeal, nor have we received any correspondence regarding the status of the certification.

Accordingly, we ORDER the trial court to prepare and file with this Court, within TEN DAYS of the date of this order, a certification of appellant’s right to appeal that accurately reflects the trial court proceedings.

We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.

/s/ LANA MYERS

JUSTICE