NO. 07-08-0035-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C FEBRUARY 28, 2008 ______________________________

BRANDON R. LEWIS, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2006-412,546; HON. JIM BOB DARNELL, PRESIDING _______________________________ Abatement and Remand _______________________________ Before QUINN, C.J., HANCOCK and PIRTLE, JJ.

Brandon R. Lewis (appellant) filed a notice of appeal from his conviction for aggravated sexual assault on January 11, 2008. On November 6, 2007, the trial court filed its certification representing that appellant has the right of appeal. However, the appellate record reflects that appellant failed to sign the certification pursuant to Texas Rule of Appellate Procedure 25.2(d) which requires the certification to be signed by appellant and a copy served on him.1 Consequently, we abate the appeal and remand the cause to the 137th District Court of Lubbock County (trial court) for further proceedings. Upon remand, the trial court shall take such action necessary to secure and file with this court a certificate of right to appeal that complies with Texas Rule of Appellate Procedure 25.2(d) by March 28, 2008. Should additional time be needed to perform these tasks, the trial court may request same on or before March 28, 2008.

It is so ordered.

Per Curiam Do not publish.

Becam e effective Septem ber 1, 2007.