NO. 07-11-0042-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL A 

FEBRUARY 2, 2011 

______________________________ 

JOSEPH ANTHONY KENNEDY, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

_________________________________ 

FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY; 

NO. 09-887-K26; HONORABLE BILLY RAY STUBBLEFIELD, JUDGE 

_______________________________ 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

ABATEMENT AND REMAND

 Following a plea of not guilty, Appellant, Joseph Anthony Kennedy, was 

convicted by a jury of one count of continuous sexual abuse of a child1

 and two counts 

of indecency with a child by contact.2

 Appellant was sentenced to thirty-five years 

confinement for continuous sexual abuse of a child and to two years confinement for 

 

1

Tex. Penal Code Ann. § 21.02(b) (West Supp. 2010). 

2

Tex. Penal Code Ann. § 21.11(a)(1) (West Supp. 2010). 
2 

each count of indecency with a child by contact. The sentences were ordered to run 

consecutively. Appellant timely perfected this appeal. The clerk's record filed on 

January 10, 2011, contains the Trial Court's Certification of Defendant's Right of Appeal. 

However, the certification is not signed by Appellant as required by Rule 25.2(d) of the 

Texas Rules of Appellate Procedure.3 Consequently, the certification is defective.4 See 

Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005). 

Therefore, 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 proper Trial Court's Certification of Defendant's Right of Appeal 

in compliance with Rule 25.2(d). Once properly completed and executed, the 

certification shall be included in a supplemental clerk's record. See Tex. R. App. P. 

34.5(a)(12). The trial court shall cause the supplemental clerk's record to be filed with 

the Clerk of this Court within sixty days of the date of this order. This order constitutes 

notice to all parties, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure, of 

the defective certification. If a supplemental clerk's record containing a proper 

certification is not filed in accordance with this order, this cause will be referred to the 

Court for further action. See Tex. R. App. P. 25.2(d). 

 

3

Effective September 1, 2007, Rule 25.2(d) was amended to require that a defendant sign the certification 

and receive a copy which contains certain admonishments not previously required. 

4

Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas 

Supreme Court pursuant to its docket equalization efforts. Tex. Gov’t Code Ann. § 73.001 (West 2005). 

Cognizant that Rule 41.3 of the Texas Rules of Appellate Procedure requires precedent of the transferor 

court to be applied, the transferee court is not expected to follow the transferor court's local rules or 

otherwise supplant its own local procedures with those of the transferor court. See Tex. R. App. P. 41.3 

Notes and Comments. 
3 

On February 1, 2011, the Official Court Reporter filed a request for an extension 

of time in which to file the reporter's record to March 21, 2011. While this appeal is 

abated, all appellate timetables are suspended. Consequently, the request for an 

extension is rendered moot. The reporter's record will be due thirty days following 

reinstatement of this appeal 

It is so ordered. 

 Per Curiam 

Do not publish.