Treveia Shawna McCurdy v. State ( 2016 )

Abatement Order filed September 27, 2016
In The
Fourteenth Court of Appeals
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NO. 14-16-00322-CR
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TREVEIA SHAWNA MCCURDY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1
Fort Bend County, Texas
Trial Court Cause No. 14-CCR-173702
ABATEMENT ORDER
Appellant timely appealed from a conviction for the offense of theft. On
September 21, 2016, the trial court clerk filed the clerk’s record, which did not
contain a certification of appellant’s right to appeal. See Tex. R. App. P. 25.2(a)(2),
34.5(a)(12); see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005)
(“The court of appeals must dismiss an appeal if a certification showing that the
defendant has the right to appeal is not made a part of the appellate record.”). We
therefore abate the case and order the trial court to execute a certification of
appellant’s right to appeal. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State,
420 S.W.3d 803, 806–07 (Tex. Crim. App. 2013).
An appeal must be dismissed if a certification showing that the defendant has
the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d);
Dears, 154 S.W.3d at 613. In connection with this record, pursuant to Tex. R. App.
P. 37.1 and 44.4, we abate this appeal and direct the trial court to file a certification
of the defendant’s right of appeal with the trial court clerk and direct the clerk to
prepare and file a supplemental clerk’s record containing the corrected certification
with this court within 30 days of the date of this order.
PER CURIAM