Meridith Ann Knight v. State ( 2011 )

NO. 07-11-00400-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 16, 2011
MERIDITH ANN KNIGHT, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE COUNTY COURT AT LAW NO. 2 OF BRAZOS COUNTY;
NO. 09-04792-CRM-CCL2; HONORABLE JAMES W. LOCKE, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER OF ABATEMENT AND REMAND
Following a plea of not guilty, appellant, Meridith Ann Knight, was convicted by a
jury of possession of marijuana, in an amount less than two ounces, and was sentenced
by the trial court to 180 days incarceration in jail, and a $2,000 fine. The clerk=s record
was filed on October 18, 2011.
Texas Rule of Appellate Procedure 25.2(a)(2) requires that a trial court shall
enter a Certification of Defendant=s Right of Appeal each time it enters a judgment of
guilt or other appealable order. TEX. R. APP. P. 25.2(a)(2); Hargesheimer v. State, 182
S.W.3d 906, 911 (Tex.Crim.App. 2006). An appeal must be dismissed if the certification
has not been made part of the record under the applicable rules. TEX. R. APP. P.
25.2(d).
Pursuant to an amendment to Rule 25.2(d), which became effective on
September 1, 2007, the certification of defendant=s right of appeal must be signed by
the defendant and a copy must be given to him. TEX. R. APP. P. 25.2(d). Additionally,
the certification shall include a notice that the defendant has been informed of his rights
concerning appeal, as well as his right to file a pro se petition for discretionary review.1
This Court’s review of the clerk’s record reveals that it does not contain a
certification of defendant’s right of appeal. By correspondence dated October 19, 2011,
this Court notified the trial court and the district clerk that the clerk’s record does not
contain a certification of defendant’s right of appeal, and directed that a certification be
filed with the trial court clerk within 30 days of the date of our letter. Further, the trial
court clerk was directed to file a supplemental clerk’s record containing the certification
with the Clerk of this Court within 15 days of receiving it. To date, this Court has
received no certification of defendant’s right of appeal.
Consequently, we now abate this appeal and remand the cause to the trial court
for further proceedings. Upon remand, the trial court shall utilize whatever means
necessary to secure a Certification of Defendant=s Right of Appeal in compliance with
Rule 25.2(d). Once properly executed, the certification shall be included in a
1
The proper form for Certification of Defendant=s Right of Appeal is contained in
Appendix D of the 2008 Texas Rules of Appellate Procedure.
2
supplemental clerk=s record and filed with the Clerk of this Court on or before January
17, 2012.
This order constitutes notice to all parties of the defective certification pursuant to
Rule 37.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.1. If a
supplemental clerk=s record containing a proper certification is not filed in accordance
with this order, this matter will be referred to the Court for dismissal. See TEX. R. APP.
P. 25.2(d).
It is so ordered.
Per Curiam
Do not publish.
3