Opinion
No. 04-15-00031-CR
02-02-2015
Richard Allen CLARK, Appellant/s v. The STATE of Texas, Appellee
SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES E. Bruce Curry
District Attorney - 216th Judicial
District Court
200 Earl Garrett Street, Suite 202
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
M. Patrick Maguire
M. Patrick Maguire, P.C.
945 Barnett Street
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
Honorable N. Keith Williams
Judge, 216th Judicial District Court
Kerr County Courthouse
700 Main Street
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-15-00031-CR
Trial Court Case Number: A1071
Style: Richard Allen Clark
v.
The State of Texas
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
/s/_________
Carmen De Leon
Deputy Clerk, Ext. 53262
cc: Robin Burlew (DELIVERED VIA E-MAIL)
Dandy Middleton (DELIVERED VIA E-MAIL)
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A1071
Honorable N. Keith Williams, Judge Presiding
ORDER
Pursuant to the terms of his plea-bargain agreement, Richard Allen Clark pled guilty to aggravated assault and was placed on deferred adjudication community supervision. His deferred adjudication community supervision was then revoked, he was found guilty by the trial court, and he was sentenced to ten years in prison. Clark then filed a notice of appeal. On December 18, 2014, the trial court signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). After Clark timely filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
In Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006), the Texas Court of Criminal Appeals held that even though a defendant originally entered into a plea-bargain agreement for deferred adjudication, when that defendant appeals from the proceeding on a motion to adjudicate guilt, Texas Rule of Appellate Procedure 25.2 will not restrict his right to appeal. "Under this circumstance, the trial judge must check the box on the certification form indicating that the case 'is not a plea-bargain case, and the defendant has the right to appeal.'" Id.
We, therefore, ORDER the trial court to re-certify this case by designating it as "not a plea-bargain case" on the certification form on or before February 17, 2015. See id. We also ORDER the trial court clerk to file a supplemental clerk's record containing the corrected certification on or before February 23, 2015.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of February, 2015.
/s/_________
Keith E. Hottle
Clerk of Court