NO. 07-11-00115-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
APRIL 26, 2011
NICOLE C. FERGUSON, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 100TH DISTRICT COURT OF CARSON COUNTY;
NO. 3701; HONORABLE DAN MIKE BIRD, JUDGE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
ORDER OF ABATEMENT AND REMAND
Appellant, Nicole C. Ferguson, appeals the trial court’s judgment adjudicating
guilt for the offense of felony possession of marijuana.1 The clerk’s record contains a
certification of appellant’s right of appeal which was not signed by appellant.
1
See Tex. Health & Safety Code Ann. § 481.121(a),(b)(5) (West 2010) (the
knowing or intentional possession of a useable quantity of marijuana of 2,000 pounds or
less but more than 50 pounds is a second degree felony). A second degree felony is
punishable by imprisonment for a term of not more than 20 years or less than 2 years
and a fine not to exceed $10,000. Tex. Penal Code Ann. § 12.33 (West Supp. 2010).
Effective September 1, 2007, Rule of Appellate Procedure 25.2(d) was amended
to require certifications executed after the effective date to be signed by the appellant
and a copy served on him. Tex. R. App. P. 25.2(d); Mason v. State, No. 07-07-0383-
CR, 2008 Tex. App. Lexis 3956 (Tex.App.--Amarillo May 29, 2008) (per curiam order,
not designated for publication). Consequently, we abate the appeal and remand the
cause to the 100th District Court of Carson County for further proceedings. On remand,
the trial court shall utilize whatever means it finds necessary to secure and file with this
court a certificate of right to appeal that complies with Rule 25.2(d). Tex. R. App. P.
25.2(d).
If necessary, the trial court shall execute findings of fact, conclusions of law, and
any necessary orders it may enter regarding the aforementioned issues and cause its
findings, conclusions, and orders, if any, as well as a conforming certificate of
appellant’s right of appeal to be included in a supplemental clerk’s record. If the trial
court conducts a hearing in the matter, it shall be stenographically recorded and the
transcription included in a supplemental reporter’s record. The trial court shall file the
supplemental clerk’s record and the supplemental reporter’s record, if any, with the clerk
of this court by May 26, 2010.
It is so ordered.
Per Curiam
Do not publish.
2