Court of Civil Appeals of Texas, 2012

Luciano Ramirez-Cervantes v. State

Luciano Ramirez-Cervantes v. State
Court of Civil Appeals of Texas · Decided April 4, 2012

Luciano Ramirez-Cervantes v. State

Opinion

NO. 07-11-0508-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 4, 2012 ______________________________

LUCIANO RAMIREZ-CERVANTES, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NO. 61,176-E; HONORABLE DOUGLAS R. WOODBURN, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Appellant timely filed a notice of appeal challenging the trial court's Order of Deferred Adjudication for possession of a controlled substance. After the clerk's record was filed on February 10, 2012, it came to this Court's attention that the Trial Court's Certification of Defendant's Right of Appeal was defective. By order dated February 16, 2012, this appeal was abated and the cause was remanded to the trial court with instructions to obtain a corrected certification and cause it to be filed in a supplemental clerk's record within thirty days of the date of the order.1 See Tex. R. App. P. 37.1. The order provided that failure to comply would cause the matter to be referred to the Court for appropriate action. To date, a corrected certification has not been made a part of the appellate record. Consequently, we dismiss this appeal. See id.2

Per Curiam

Do not publish.

The thirtieth day fell on Saturday, March 17, 2012, which was extended to Monday, March 19, 2012, per Rule 4.1(a) of the Texas Rules of Appellate Procedure.

See also Tex. R. App. P. 25.2, Notes and Comments, ([i]f a sufficient . . . certification is not filed after the appellate court deals with the defect . . . , preparation of an appellate record and representation by an appointed attorney may cease).

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