Corey Deshundon Henderson v. State ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00365-CR
COREY DESHUNDON HENDERSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court No. D38895-CR
ABATEMENT ORDER
A jury found Corey Deshundon Henderson guilty of continuous trafficking of
persons and assessed his punishment at ninety-nine years’ imprisonment. The trial court
rendered judgment accordingly. Henderson subsequently filed a notice of appeal from
the judgment of conviction and sentence rendered against him.
By letter dated November 1, 2019, the Clerk of this Court notified the trial court
clerk that a copy of the certification of the defendant’s right of appeal has not been
received in the above cause. See TEX. R. APP. P. 25.2(e). The letter further stated: “Please
send a copy of the certification within 7 days after the date of this letter. Id. If for any
reason the certification cannot be sent within 7 days, please notify the Clerk of this Court
immediately.” The trial court clerk promptly notified the Clerk of this Court that the trial
court’s certification of the defendant’s right of appeal had not yet been received by the
trial court clerk. Henderson then filed in this Court a motion to abate this appeal to obtain
the trial court’s certification of his right of appeal, explaining that the certification either
was never executed or was lost.
The trial court is required to enter a certification of defendant’s right to appeal each
time it enters a judgment of guilt or other appealable order. Id. R. 25.2(a)(2). We therefore
grant Henderson’s motion and abate this appeal to the trial court for entry of a proper
certification of Henderson’s right of appeal from the judgment rendered in this case.
The trial court is directed to provide the trial court clerk with the trial court’s
certification of Henderson’s right of appeal within 14 days of the date of this order. See
Cortez v. State, 420 S.W.3d 803, 806 (Tex. Crim. App. 2013).
The trial court clerk is ordered to file with this Court the clerk’s record or a
supplemental clerk’s record containing the trial court’s certification within 28 days of the
date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Order issued and filed December 4, 2019
RWR
Henderson v. State Page 2