NO. 07-07-0476-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JANUARY 15, 2008
______________________________
BENNY L. COLE, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2007-415,498; HON. JIM BOB DARNELL, PRESIDING
_______________________________
Abatement and Remand
_______________________________
Before QUINN, C.J., and CAMPELL and PIRTLE, JJ.
Benny L. Cole, Jr. (appellant) filed a notice of appeal from his conviction for murder
on November 20, 2007. On September 25, 2007, the trial court filed its certification
representing that appellant has the right of appeal. However, the appellate record reflects
that appellant failed to sign the certification pursuant to Texas Rule of Appellate Procedure
25.2(d) which requires the certification to be signed by appellant and a copy served on
him.1
Consequently, we abate the appeal and remand the cause to the 137th District Court
of Lubbock County (trial court) for further proceedings. Upon remand, the trial court shall
take such action necessary to secure and file with this court a certificate of right to appeal
that complies with Texas Rule of Appellate Procedure 25.2(d) by February 14, 2008.
Should additional time be needed to perform these tasks, the trial court may request same
on or before February 14, 2008.
It is so ordered.
Per Curiam
Do not publish.
1
Becam e effective Septem ber 1, 2007.
2