Kori Lynn Henegar v. State

• Court: Court of Appeals of Texas
• Decided: July 29, 2015
• Docket: 14-15-00529-CR
• Status: Published

Opinion

Abatement Order filed July 28, 2015

In The

Fourteenth Court of Appeals ____________

NO. 14-15-00529-CR ____________

KORI LYNN HENEGAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1413242

ABATEMENT ORDER

Appellant timely appealed from a conviction for the offense of the use or possession of identifying information. On July 20, 2015, the trial court clerk filed the clerk’s record, which contained a certification of appellant’s right to appeal after appellant’s guilty plea, but did not contain a certification of appellant’s right to appeal addressing the judgment adjudicating guilt. 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).

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 on the judgment adjudicating guilt 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