in Re Robert Lee Brown ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00681-CR In re Robert Lee Brown FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. D-1-DC-00-002368, HONORABLE P. DAVID WAHLBERG, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION PER CURIAM Robert Lee Brown seeks to appeal the trial court’s denial of his motion for post- conviction DNA testing. However, the clerk’s record does not contain the required trial court certification of Brown’s right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court’s certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to include trial court’s certification). This appeal is therefore abated and the trial court is directed to prepare and file its certification of Brown’s right of appeal as required by Rule 25.2(a)(2). A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court no later than July 3, 2015. See Tex. R. App. P. 25.2(d), 34.5(c)(2). It is ordered June 12, 2015. Before Chief Justice Rose, Justices Goodwin and Field Filed: June 12, 2015 Abated and Remanded Do Not Publish