Treveia Shawna McCurdy v. State

• Court: Court of Appeals of Texas
• Decided: September 27, 2016
• Docket: 14-16-00322-CR
• Status: Published

Opinion

Abatement Order filed September 27, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00322-CR ____________

TREVEIA SHAWNA MCCURDY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Fort Bend County, Texas Trial Court Cause No. 14-CCR-173702

ABATEMENT ORDER

Appellant timely appealed from a conviction for the offense of theft. On September 21, 2016, the trial court clerk filed the clerk’s record, which did not contain a certification of appellant’s right to appeal. 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 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