Opinion
No. 04-20-00326-CR
07-22-2020
Leonard CHARGUALAF, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 16-1243-CR-A
Honorable William D. Old III, Judge Presiding
ORDER
The trial court signed a certification dated April 20, 2018, that states the underlying case "is a plea-bargain case, and the defendant has NO right of appeal." However, the clerk's record shows the June 23, 2020 Judgments Adjudicating Guilt were adjudications of guilt following deferred adjudications and the defendant has a limited right of appeal.
The trial court's certification of defendant's right of appeal is defective. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760 (Tex. App.—San Antonio 2003, no pet.).
We ORDER the trial court to amend the certification and cause the trial court clerk to file a supplemental clerk's record containing the amended certification within THIRTY DAYS from the date of this order. See TEX. R. APP. P. 25.2(f).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of July, 2020.
/s/_________
Michael A. Cruz, Clerk of Court