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 JOHN JACKSON, JUDGE 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

ABATE AND REMAND 

Appellant, Kanyao Eugene Ubesie, Jr., has filed notice of appeal of his conviction 

by jury of the offense of driving while intoxicated, and sentence of 180 days confinement 

in the Navarro County Jail and $1,000 fine. 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 April 30, 2010. Included within the clerk’s record 

is the trial court’s certification 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 guilt 
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or other appealable order. TEX. R. APP. P. 25.2(a)(2); Hargesheimer v. State, 182 

S.W.3d 906, 911 (Tex.Crim.App. 2006). An appeal 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. TEX. R. APP. P. 25.2(d). An appellate court that has an 

appellate record that includes a certification is obligated to review the record to 

ascertain whether the certification 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 rights 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 was given to appellant, 

and does not include the written admonishments that must be given to appellant. 

Therefore, the certification on file is defective. 

Consequently, we abate this appeal and remand the cause to the trial court for 

further proceedings. Upon remand, the trial court shall utilize whatever means 

 1

 The proper form for Certification of Defendant=s Right of Appeal is contained in 

Appendix D of the Texas Rules of Appellate Procedure. 
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necessary to secure a certification of defendant=s right of appeal that complies with Rule 

25.2(d). Once properly executed, the certification shall be included in a supplemental 

clerk=s record and filed with the Clerk of this Court on or before October 11, 2010. 

This order constitutes notice to all parties of the defective certification, pursuant 

to Rule 37.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.1. If a 

supplemental clerk=s record containing a proper certification is not filed in accordance 

with this order, this matter will be referred to the Court for dismissal. See TEX. R. APP.

P. 25.2(d). 

It is so ordered. 

Per Curiam 

Do not publish.