Opinion
No. 07-20-00120-CR
07-20-2020
JENNIFER RENEE DAVIS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 54th District Court McLennan County, Texas
Trial Court No. 2019-1513-C2 , Honorable Matt Johnson, Presiding
Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013).
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant, Jennifer Renee Davis, proceeding pro se, appeals her conviction for possession of a controlled substance and sentence to twenty-four months' confinement in a state jail facility. Appellant has filed a request for appointment of appellate counsel. Accordingly, we abate the appeal and remand the cause to the trial court to determine:
TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2017).
We note that the trial court's certification of appellant's right of appeal indicates that this ". . . is a plea-bargain case, and the defendant has NO right of appeal." However, the judgment reflects that the sentence imposed by the trial court exceeded the nine-month sentence recommended by the State and agreed to by appellant in the plea bargain agreement. See TEX. R. APP. P. 25.2(a)(2); Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005) (requiring appellate courts to review the record to ascertain whether a trial court's certification is defective).
(1) whether appellant still desires to prosecute the appeal; and
(2) whether appellant is indigent and entitled to appointment of counsel. See TEX. CODE CRIM. PROC. ANN. art 1.051(d)(1) (West Supp. 2019).
If it is determined that appellant wants to proceed with the appeal, is indigent, and is entitled to appointed counsel, the trial court shall appoint appellate counsel. The name, address, email address, telephone number, and State Bar of Texas identification number of appointed counsel shall be provided to the Clerk of this Court. The trial court shall execute findings of fact, conclusions of law, and any necessary orders addressing the foregoing subjects. The trial court shall also cause to be developed a clerk's record containing the findings of fact, conclusions of law, and any necessary orders, and a reporter's record transcribing the evidence and argument presented at any hearing held. The hearing record shall be filed with the Clerk of this Court on or before August 19, 2020.
It is so ordered.
Per Curiam Do not publish.