DocketNumber： 07-08-00224-CR
Filed Date： 11/24/2008
Status： Precedential
Modified Date： 9/8/2015
NO. 07-08-0224-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
NOVEMBER 24, 2008
______________________________
SHELDON KEITH CRAIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NO. 54,073-A; HONORABLE HAL MINER, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
ABATEMENT AND REMAND
Pursuant to a guilty plea, Appellant, Sheldon Keith Crain, was convicted of unlawful possession of a firearm by a felon, enhanced, and sentenced to six years confinement. Appellant filed a notice of appeal challenging his conviction. The clerk’s record was filed on October 29, 2008. Upon reviewing the record, it came to this Court’s attention that the Trial Court’s Certification of Defendant’s Right of Appeal does not comply with Rule 25.2(d) of the Texas Rules of Appellate Procedure. As of September 1, 2007, a defendant must not only sign and receive a copy of the certification, he must also receive certain admonishments included in the form which were not previously required.
Consequently, we abate this appeal and remand this cause to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to secure a proper Certification of Defendant’s Right of Appeal in compliance with Rule 25.2(d). Once properly completed and executed, the certification shall be included in a supplemental clerk’s record. See Tex. R. App. P. 34.5(c)(2). The trial court shall cause this supplemental clerk's record to be filed with the Clerk of this Court by December 22, 2008. This order constitutes notice to all parties, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure, of the defective certification. 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Do not publish.
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NO. 07-10-0355-CV
NO. 07-10-0356-CV
NO. 07-10-0357-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
OCTOBER 26, 2010
______________________________
IN RE TIMOTHY RAY WILLIAMS, RELATOR
_________________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Timothy Ray Williams, proceeding pro se and in forma pauperis, seeks a writ of mandamus to compel the Honorable John B. Board, Judge of the 181st District Court of Randall County, to rule on his Motion to Rescind Order to Withdraw Inmate Funds filed in the trial court on May 5, 2010. Relator's motion to rescind follows from this Court's Opinion on Abatement issued on April 22, 2010, in cause number 07-10-0091-CV, 07-10-0100-CV, and 07-10-0101-CV, wherein this Court abated further proceedings for 180 days to allow Relator time to challenge the order to withdraw inmate funds. As of October 20, 2010, a reporter's record and supplemental clerk's record were both filed reflecting that a hearing was held on Relator's motion and that the trial court signed an order granting in part and denying in part Relator's motion to rescind. Consequently, the relief sought by Relator in his Petitions for a Writ of Mandamus is rendered moot.
Accordingly, we dismiss these proceedings.
Per Curiam