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Brandon Michael Pennington v. the State of Texas

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ABATEMENT AND REMAND

Appellant, Brandon Michael Pennington, entered a plea of true to the State’s Amended Motion to Proceed and was adjudicated guilty of possession of methamphetamine in an amount of 200 grams or more but less than 400.*fn1 Punishment was assessed at fifty years confinement. The appellate record has been filed. A review of the Clerk’s Record revealed that it did not contain a Trial Court’s Certification of Defendant’s Right of Appeal as required by Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure. Pursuant to Rule 37.1(a) of the Texas Rules of Appellate Procedure, by letter dated December 1, 2010, the trial court and the trial court clerk were notified of the defect and this Court requested that a certification be filed in a supplemental record. On January 19, 2011, a Supplemental Clerk’s Record was filed containing a certification; however, none of the options provided to determine if Appellant has a right of appeal were marked. Consequently, the certification is defective. See Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005).

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