NO. 07-10-00152-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 17, 2010 KANAYO EUGENE UBESIE, JR., APPELLANT
v. THE STATE OF TEXAS, APPELLEE
FROM THE COUNTY COURT OF NAVARRO COUNTY; NO. 61,354; HONORABLE JO HN JACKSON, JUDGE Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATE AND REMAND Appellant, Kanyao Eugene Ubesie, Jr., has f iled notice of appeal of his conviction by jury of the offense of driving while in toxicated, and sentence of 180 days confinement in the Navarro County Jail and $1,000 fi ne. The sentence of incarceration was suspended and appellant was placed on community supervision for a period of two years. The clerk = s record was filed on Ap ril 30, 2010. Included wit hin the clerk’s record is the trial court’s certificat ion of defendant’s right of appeal. Texas Rule of Appellate Procedure 25.2( a)(2) requires that a trial court shall enter a certification of defendant = s right of appeal each time it enters a judgment of guilt2 or other appealable order. T EX
. R. A PP
. P. 25.2(a)(2); Hargesheimer v. State , 182 S.W.3d 906, 911 (Tex.Crim.App. 2006). An appea l must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under the applicable rules. T EX
. R. A PP
. P. 25.2(d). An appellate court that has an appellate record that includes a certificati on is obligated to review the record to ascertain whether the certificati on is defective. Dears v. State , 154 S.W.3d 610, 615 (Tex.Crim.App. 2005).
Pursuant to an amendment to Rule 25. 2(d), which became effective on September 1, 2007, the certification of defendant = s right of appeal shall include a notice that the defendant has been informed of his ri ghts concerning appeal, as well as his right to file a pro se petition for discretionary review. 1
The certification contained in the clerk = s record in this case states that this was not a plea-bargain case, and that appellant has the right of appeal. However, the certification does not reflect whether a copy of the certification wa s given to appellant, and does not include the writte n admonishments that must be given to appellant. Therefore, the certificat ion on file is defective. Consequently, we abate this appeal and rem and the cause to the trial court for further proceedings. Upon remand, the tr ial court shall utilize whatever means

1 The proper form for Ce rtification of Defendant = s Right of Appeal is contained in Appendix D of the Texas Rules of Appellate Procedure.3 necessary to secure a certification of defendant = s right of appeal that complies with Rule 25.2(d). Once properly executed, the certif ication shall be include d in a supplemental clerk = s record and filed with the Clerk of th is Court on or before October 11, 2010.
This order constitutes notice to all parties of the defecti ve certification, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure. See T EX
. R. A PP
. P. 37.1. If a supplemental clerk = s record containing a proper certific ation is not filed in accordance with this order, this matter will be referr ed to the Court for dismissal. See T EX
. R. A PP
. P. 25.2(d).
It is so ordered.
Per Curiam Do not publish.