NO. 07-10-0303-CR 

NO. 07-10-0304-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL A 

AUGUST 30, 2010 

______________________________ 

DAYMON LAMAR JOHNS, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

_________________________________ 

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; 

NOS. 56,483-E & 58,725-E; HONORABLE DOUGLAS R. WOODBURN, JUDGE 

_______________________________ 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

ABATEMENT AND REMAND 

In exchange for a guilty plea, in 2007, Appellant, Daymon Lamar Johns, was 

convicted in cause number 56,483-E of evading arrest with a vehicle and sentenced to 

two years confinement and a $1,000 fine.1

 Appellant's sentence was suspended in 

favor of five years community supervision. In 2009, in exchange for a guilty plea, in 

 

1

Tex. Penal Code Ann. § 38.04(b)(1)(B) (Vernon Supp. 2009). 
2 

cause number 58,725-E, Appellant was granted deferred adjudication community 

supervision for five years for possession of a controlled substance in a drug-free zone.2

 

On March 19, 2010, the State filed an Amended Motion to Revoke Order for Community 

Supervision in cause number 56,483-E and an Amended Motion to Proceed with 

Adjudication of Guilt on Original Charge in cause number 58,725-E alleging violations of 

the terms and conditions of community supervision. Appellant entered pleas of true in 

both causes and the trial court revoked community supervision and sentenced Appellant 

to two years in a state jail facility plus a $1,000 fine in cause number 56,483-E. The trial 

court also adjudicated Appellant guilty of possession of a controlled substance in a 

drug-free zone and sentenced him to nine years confinement and a $1,000 fine in cause 

number 58,725-E. The trial court ordered the sentence in cause number 56,483-E to 

run consecutively to the sentence in cause number 58,725-E. 

When the clerks' records were filed on August 17, 2010, it came to the Court=s 

attention that the record in cause number 58,725-E did not contain a Trial Court=s 

Certification of Defendant=s Right of Appeal as required by Rule 25.2(a)(2) and (d) of the 

Texas Rules of Appellate Procedure and that the record in cause number 56,483-E 

contained two separate certifications, neither of which is signed by Appellant as 

required by Rule 25.2(d).3

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

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

 

2

Tex. Health & Safety Code Ann. § 481.134 (Vernon 2010). 

3

As of September 1, 2007, a defendant must sign and receive a copy of the certification. 
3 

necessary to secure a proper Trial Court=s Certification of Defendant=s Right of Appeal 

in compliance with Rule 25.2(d) in each cause referenced herein. Once properly 

completed and executed, the certifications shall be included in supplemental clerks' 

records. See Tex. R. App. P. 34.5(c)(2). The trial court shall cause the supplemental 

clerks' records to be filed with the Clerk of this Court by September 29, 2010. This 

order constitutes notice to all parties, pursuant to Rule 37.1 of the Texas Rules of 

Appellate Procedure, of the defective certifications. If supplemental clerks' records 

containing proper certifications are not filed in accordance with this order, these causes 

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.