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, Ap pellant was granted deferr ed adjudication community supervision for five years fo r possession of a controlled s ubstance 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 a lleging violations of the terms and conditions of community supervis ion. Appellant ente red pleas of true in both causes and the trial court revoked comm unity 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 year s 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 sent ence 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 ca use 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 t hat the record in cause number 56,483-E contained two separate certific ations, neither of which is signed by Appellant as required by Rule 25.2(d). 3
Consequently, we abate this appeal and remand this caus e to the trial court for further proceedings. Upon remand, the tr ial 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 Certificatio n of Defendant = s Right of Appeal in compliance with Rule 25.2(d) in each cause referenced herein. Once properly completed and executed, the ce rtifications shall be included in supplemental clerks' records. See Tex. R. App. P. 34.5(c )(2). The trial court sh all 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, purs uant 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 wit h 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.