Tommie Leon Jones v. State

IN THE TENTH COURT OF APPEALS No. 10-07-00365-CR Tommie Leon Jones, Appellant v. The State of Texas, Appellee From the County Court Robertson County, Texas Trial Court No. 07-382-CR ORDER The clerk’s record in this appeal has been filed. A certification of defendant’s right of appeal regarding the trial court’s judgment has not been provided to this Court. The trial court is required to enter a certification of defendant’s right to appeal in every case in which it enters a judgment of guilt or other appealable order. Tex. R. App. P. 25.2(a)(2). The trial court is ordered to provide the trial court clerk with the trial court’s certification of defendant’s right of appeal of the trial court’s judgment within 14 days from the date of this Order. See Tex. R. App. P. 25.2(d) (new form requirement; amended August 20, 2007; effective September 1, 2007). The trial court clerk is ordered to file a supplemental clerk’s record containing the trial court’s certification with this Court within 28 days from the date of this Order. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna Certification ordered Order issued and filed December 12, 2007 Do not publish osts of appeal generally required in a criminal appeal are the costs for preparation of the appellate record. See Olivarez v. State, 183 S.W.3d 59, 60 & n.2 (Tex. App.—Waco 2005) (per curiam), reh’g granted, judgment withdrawn, 183 S.W.3d 59, 63 (Tex. App.—Waco 2006, order) (per curiam). We presume the State has made the necessary arrangements for the clerk’s and reporter’s fees for preparation of the record because the clerk’s and reporter’s records have been filed with the Clerk of this Court. Premature Notice of Appeal Because there is no signed dismissal order, the State’s notice of appeal is premature. See Tex. R. App. P. 27.1(b); Ex parte Crenshaw, 25 S.W.3d 761, 764-65 (Tex. App.—Houston [1st Dist.] 2000, pet. ref’d); State v. Rollins, 4 S.W.3d 453, 454 n.1 (Tex. App.—Austin 1999, no pet.); see also Harrison v. Tex. Dep’t of Crim. Justice, 134 S.W.3d 490, 491 (Tex. App.—Waco 2004, order) (per curiam). The First Court of Appeals abated the appeal in Crenshaw “to allow the trial court to sign a written order reflecting its oral decision.” 25 S.W.3d at 764; see also Rollins, 4 S.W.3d at 454-55 (abating appeal for trial court to determine date dismissal orders were signed because that date was in dispute). This Court has followed the same procedure in civil appeals. See, e.g., Harrison, 134 S.W.3d at 491-92. It appears that the trial court intended to sign a dismissal order in Brown’s case. However, the record does not contain such an order. Accordingly, we abate this cause to the trial court for further consideration of this matter. If the court intended to sign a dismissal order, then it should sign an appropriate order to effectuate its intent. The trial court shall, within thirty days after the date of this Order: (1) conduct a hearing if necessary; (2) make appropriate orders and findings of fact and conclusions of law; and (3) deliver any orders and findings of fact and conclusions of law to the trial court clerk. The trial court clerk shall: (1) prepare a supplemental clerk’s record containing all orders and findings of fact and conclusions of law which the trial court renders or makes; and (2) file the supplemental clerk’s record with the Clerk of this Court within forty-five days after the date of this Order. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna (Chief Justice Gray dissenting) Appeal abated Order issued and filed April 19, 2006 Publish [1] The court did, however, sign written dismissal orders in the cases of Brown’s three co-defendants. The court heard all 4 dismissal motions in the same hearing.