IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
DECEMBER 30, 2002
______________________________DAVID MEDINA,
Appellant
v.
THE STATE OF TEXAS,
Appellee _________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 43137-E; HON. ABE LOPEZ, PRESIDING _______________________________
Before QUINN and REAVIS, JJ., and BOYD, SJ. (1)
David Medina (appellant) appeals from a final judgment under which he was convicted of delivery of a controlled substance. Through a single issue, he contends that he was denied due process and a fair trial since the "State failed to allow [him] to take a shower or sleep on anything other than concrete prior to the [punishment] hearing" and the trial court "would not allow him to explain his appearance to the jury." This issue is identical to that raised in David Medina v. State, No. 07-01-0107-CR, pending in this court.
Consequently, we adopt the reasoning and discussion in our opinion issued this day in cause number 07-01-0107-CR and conclude that it sufficiently disposes of the single issue appellant raises at bar. In doing so, we also overrule appellant's contention and affirm the judgment entered below.
Brian Quinn
Justice
Do not publish.
1.
mily: 'Arial', sans-serif"> ABATEMENT AND REMAND
Appellant, Shane Sepeda, was convicted of possession of a controlled substance and sentenced to 20 years confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal challenging his conviction. The clerk's record was filed on November 24, 2008. Upon reviewing the record, it came to this Court's attention that the Trial Court's Certification of Defendant's Right of Appeal does not comply with Rule 25.2(d) of the Texas Rules of Appellate Procedure. Specifically, the certification does not indicate whether or not appellant has the right to appeal.
Consequently, we abate this appeal and remand this cause to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to 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. See Tex. R. App. P. 34.5(c)(2). The trial court shall cause this supplemental clerk's record to be filed with the Clerk of this Court by January 2, 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 a supplemental clerk's record containing a proper certification is not filed in accordance with this order, this matter will be referred to the Court for dismissal. See Tex. R. App. P. 25.2(d).
It is so ordered.
Per Curiam
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