NO. 07-11-00472-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 11, 2012
IVAN PAUDA, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2009-424,455; HONORABLE JIM BOB DARNELL, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following an open plea of guilty, appellant, Ivan Pauda, was convicted of
aggravated robbery with an affirmative finding of the use of a deadly weapon, and
sentenced by a jury to 20 years incarceration in the Texas Department of Criminal
Justice, Institutional Division. The clerk=s record was filed on January 6, 2012.
Texas Rule of Appellate Procedure 25.2(a)(2) requires that a trial court shall
enter a Certification of Defendant=s Right of Appeal each time it enters a judgment of
guilt or other appealable order. TEX. R. APP. P. 25.2(a)(2); Hargesheimer v. State, 182
S.W.3d 906, 911 (Tex.Crim.App. 2006). An appeal must be dismissed if the certification
has not been made part of the record under the applicable rules. TEX. R. APP. P.
25.2(d). Additionally, the certification must be signed by the defendant and a copy must
be given to him. Id. The certification must also include a notice that the defendant has
been informed of his rights concerning appeal, as well as his right to file a pro se
petition for discretionary review.1
The certification contained in the clerk=s record in this case states that this was
not a plea-bargain case, and that appellant has the right of appeal. However, the
certification was not signed by appellant. Therefore, the certification on file is defective.
Consequently, we abate this appeal and remand the cause to the trial court for
further proceedings. Upon remand, the trial court shall utilize whatever means
necessary to secure a certification of defendant=s right of appeal that complies with Rule
25.2(d). Once properly executed, the certification shall be included in a supplemental
clerk=s record and filed with the Clerk of this Court on or before February 8, 2012.
This order constitutes notice to all parties of the defective certification pursuant to
Rule 37.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.1. 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).
1
The proper form for Certification of Defendant=s Right of Appeal is contained in
Appendix F of the 2011 Texas Rules of Appellate Procedure.
2
It is so ordered.
Per Curiam
Do not publish.
3