NO. 07-10-00173-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL A 

AUGUST 23, 2010 

ASHLEY GROOM, APPELLANT 

v. 

THE STATE OF TEXAS, APPELLEE 

 FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY; 

NO. 2007-448,335; HONORABLE DRUE FARMER, JUDGE 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

ABATE AND REMAND 

Appellant, Ashley Groom, has filed notice of appeal of the revocation of her 

community supervision for the offense of reckless driving and resulting sentence of 

thirty days incarceration in the Lubbock County Jail. The clerk=s record was filed on 

August 9, 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 

or other appealable order. TEX. R. APP. P. 25.2(a)(2); Hargesheimer v. State, 182 
2 

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 must be signed by 

the defendant and a copy must be given to him. TEX. R. APP. P. 25.2(d). Additionally, 

the certification 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 was not signed by appellant, 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 

necessary to secure a certification of defendant=s right of appeal that complies with Rule 

 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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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 September 27, 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.