Joe Salazar v. State ( 2007 )

NO. 07-07-0432-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D DECEMBER 14, 2007 ______________________________ JOE CHRISTIAN SALAZAR, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 55146-C; HON. ANA ESTEVEZ, PRESIDING _______________________________ Abatement and Remand _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Joe Christian Salazar (appellant) filed a notice of appeal from his conviction for burglary of a building on October 19, 2007. On October 11, 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 251st District Court of Potter 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 January 14, 2008. Should additional time be needed to perform these tasks, the trial court may request same on or before January 14, 2008. It is so ordered. Per Curiam Do not publish. 1 Becam e effective Septem ber 1, 2007. 2