NO. 07-08-0224-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
NOVEMBER 24, 2008
______________________________
SHELDON KEITH CRAIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NO. 54,073-A; HONORABLE HAL MINER, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
ABATEMENT AND REMAND
Pursuant to a guilty plea, Appellant, Sheldon Keith Crain, was convicted of unlawful
possession of a firearm by a felon, enhanced, and sentenced to six years confinement.
Appellant filed a notice of appeal challenging his conviction. The clerk’s record was filed
on October 29, 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.1 As of September 1, 2007, a defendant must
not only sign and receive a copy of the certification, he must also receive certain
admonishments included in the form which were not previously required.
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 December 22, 2008. 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
Do not publish.
1
The proper form for the Trial Court’s Certification of Defendant’s Right of Appeal
is contained in Appendix D to the 2008 Texas Rules of Appellate Procedure.
2