Ian Flemming Cone v. State ( 2018 )


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  • Abatement Order filed August 31, 2018
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-18-00674-CR
    ____________
    IAN FLEMMING CONE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from County Court at Law No. 7
    Travis County, Texas
    Trial Court Cause No. C-1-CR-17-500411
    ABATEMENT ORDER
    Appellant timely appealed from his conviction of theft. The clerk’s record,
    filed August 27, 2018, does not contain a certification of appellant’s right to appeal.
    See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12).
    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 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 appeal 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). The trial court
    shall file a certification of the defendant’s right of appeal with the district clerk and
    direct the clerk to prepare and file a supplemental clerk’s record containing the
    certification with this court by October 1, 2018.
    The appeal is abated, treated as a closed case, and removed from this court’s
    active docket. The appeal will be reinstated on this court’s active docket when the
    supplemental record containing the certification of the defendant’s right to appeal is
    filed.
    PER CURIAM
    2
    

Document Info

Docket Number: 14-18-00674-CR

Filed Date: 8/31/2018

Precedential Status: Precedential

Modified Date: 9/3/2018