IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
DECEMBER 6, 2005
______________________________
MARCO ANTONIO ROMERO, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE _________________________________
FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY;
NO. CR-00H-108; HONORABLE H. BRYAN POFF, JR., JUDGE _______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ON MOTION FOR REHEARING
By opinion dated October 27, 2005, this court dismissed appellant Marco Antonio Romero's appeal for failure to timely file notice of appeal, in compliance with Rule 26.2(a) of the Texas Rules of Appellate Procedure. By motion for rehearing, appellant contends that the trial court did not deny his motion for DNA testing until September 7, 2005, when the trial court entered a nunc pro tunc order granting the State's motion to dismiss appellant's motion. The clerk's record confirms this contention. Appellant's notice of appeal was, therefore, timely filed and this court has acquired jurisdiction over the appeal from the denial of the requested DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.05 (Vernon Supp. 2005).
As to the appeal from the trial court's denial of appellant's motion for in camera inspection of the District Attorney's files for exculpatory matters, our opinion of October 27, 2005 is correct and the motion for rehearing is denied. See Romero v. State, No. 07-05-0348-CR, 2005 Tex.App. LEXIS 8871, at *2 n.1 (Tex.App-Amarillo October 27, 2005, no pet. h.).
Accordingly, appellant's motion for rehearing is granted as to the denial of the motion requesting DNA testing and that portion of the appeal is reinstated. Both clerk's record and reporter's record have been filed. Appellant's brief is due on or before January 5, 2005.
Mackey K. Hancock
Justice
Do not publish.
me="APP">KENNETH GLEN WEBB,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;
NO. 18,617-B and NO. 18,618-B; HON. JOHN BOARD, PRESIDING
_______________________________
Abatement and Remand
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Kenneth Glenn Webb (appellant) filed notices of appeal from his convictions of burglary of a habitation and assault on a public servant on August 23, 2007. However, the trial court did not file its certifications representing that appellant has the right of appeal until November 10, 2007. The appellate record reflects that appellant failed to sign the certifications pursuant to Texas Rule of Appellate Procedure 25.2(d) which requires the certifications to be signed by appellant and a copy served on him.
Consequently, we abate the appeals and remand the causes to the 181st District Court of Randall County (trial court) for further proceedings. Upon remand, the trial court shall take such action necessary to secure and file with this court certificates of right to appeal that comply with Texas Rule of Appellate Procedure 25.2(d) by March 28, 2008. Should additional time be needed to perform these tasks, the trial court may request the same on or before March 28, 2008.
It is so ordered.
Per Curiam
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