Michael Cook v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00293-CR
MICHAEL COOK, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 320th District Court
Potter County, Texas
Trial Court No. 70,564-D, Honorable Don R. Emerson, Presiding
November 28, 2016
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant Michael Cook filed a notice of appeal from his conviction of assault on
a family or household member,1 enhanced, and sentence of sixty-four years
confinement. When the clerk’s record was filed, however, it did not contain the trial
court’s certification of appellant’s right of appeal as required by Rule 25.2(a)(2) of the
Texas Rules of Appellate Procedure.
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TEX. PENAL CODE ANN. § 22.01(b)(2)(A) (West Supp. 2016).
By letter dated October 5, 2016, we notified the trial court and the district clerk
that the record did not contain the certification and asked that a certification be prepared
by November 4. See TEX. R. APP. P. 37.1. The letter instructed the district clerk to file a
supplemental record within fifteen days after the certification was filed. On November
21, the district clerk notified us that the certification remained outstanding.
Consequently, we now abate the appeal and remand this cause to the trial court
for further proceedings. Appellate Rule 25.2(a)(2) requires a trial court to enter a
certification of the 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). Upon remand, the trial court shall
utilize whatever means it finds necessary to secure a proper certification of appellant’s
right of appeal in compliance with the rules. Once properly completed and executed,
the certification shall be filed and included in a supplemental clerk's record. See TEX. R.
APP. P. 34.5(c)(2). The trial court shall cause the supplemental clerk's record to be filed
with the Clerk of this Court by December 28, 2016.
It is so ordered.
Per Curiam
Do not publish.
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