O.C. Hawley, III v. State

NO. 07-07-0464-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 3, 2008
______________________________
O. C. HAWLEY, III, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY;
NO. 07-02-6354; HONORABLE HAROLD PHELAN, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, O. C. Hawley, III, was convicted by the trial
court of burglary of a habitation, enhanced, and sentenced to forty years confinement.
Appellant timely filed a notice of appeal challenging his conviction. The clerk’s record filed
on December 27, 2007, contains the Trial Court’s Certification of Defendant’s Right of
Appeal. The form, however, is not signed by Appellant as required by Rule 25.2(d) of the
Texas Rules of Appellate Procedure.1
Consequently, we 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 supplemental clerk’s record
and filed with this Court on or before February 4, 2008.
It is so ordered.
Per Curiam
Do not publish.
1
Rule 25.2(d) was amended to require that a defendant sign the certification and
receive a copy. The amendment became effective September 1, 2007.
2