NO. 07-12-0242-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 3, 2013
______________________________
MARIO SOCCORRO MARTINEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NO. 63,883-A; HONORABLE DAN SCHAAP, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, Mario Soccorro Martinez, was convicted
by a jury of possession of a controlled substance, enhanced, and sentenced to nine
years confinement. When the clerk’s record was filed, it came to this Court’s attention
that it did not contain a Trial Court’s Certification of Defendant’s Right of Appeal as
required by Rule 25.2(a)(2) and (d) of the Texas Rules of Appellate Procedure. By
letter dated October 29, 2012, the trial court and trial court clerk were notified of the
defect and given thirty days to correct the deficiency. See TEX. R. APP. P. 37.1.
Following expiration of the deadline, on December 20, 2012, the Clerk of this Court
inquired of the trial court clerk whether a certification had been filed. The trial court
clerk advised that the certification remained outstanding.
Consequently, we now 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 Trial Court's Certification of Defendant's Right of Appeal
in compliance with Rule 25.2(d). Once properly completed and executed, the
certification shall be filed and included in a supplemental clerk's record. See TEX. R.
APP. P. 34.5(a)(12). The trial court shall cause the supplemental clerk's record to be
filed with the Clerk of this Court within 30 days of the date of this order. If a
supplemental clerk's record containing a proper certification is not filed in accordance
with this order, this cause will be referred to this Court for further action. See TEX. R.
APP. P. 25.2(d).
It is so ordered.
Per Curiam
Do not publish.
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