Opinion
04-24-00656-CR
10-07-2024
Latoya Marchelle DOWDEN, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR006861W Honorable Joel Perez, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice.
Pursuant to a plea bargain, appellant was placed on deferred adjudication community supervision on June 13, 2024. On October 1, 2024, we received the clerk's record. The clerk's record shows the trial court placed appellant on deferred adjudication community supervision in accordance with the agreement and signed a certification stating this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On September 9, 2024, the trial court signed an "Order Amending Conditions of Community Supervision." Between September 4 and September 27, 2024, appellant filed multiple pro se notices of appeal, but it is unclear if appellant is attempting to appeal her deferred adjudication community supervision or the order amending the conditions of her community supervision. "In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the trial court's permission to appeal; or (C) where the specific appeal is expressly authorized by statute." Id. We must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Id. R. 25.2(d). Here, the clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by appellant. It also does not include a written motion filed and ruled upon before trial; nor does it indicate the trial court gave appellant permission to appeal. Thus, the trial court's certification appears to accurately reflect this is a plea-bargain case, and appellant does not have a right to appeal. See id. R. 25.2; Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding court of appeals should review clerk's record to determine whether trial court's certification is accurate).
To the extent appellant seeks to appeal the order amending the conditions of her community supervision, this court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.-San Antonio 1995, no pet.).
Accordingly, appellant is given notice this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended certification showing she has the right to appeal is made part of the appellate record by November 6, 2024. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.-San Antonio 2003, order), disp. On merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref d) (not designated for publication). We further order appellant to show cause in writing no later than November 6, 2024 why this appeal should not be dismissed for lack of jurisdiction as to appellant's attempt, if any, to appeal the order amending the conditions of her community supervision.
If a supplemental clerk's record is required to show appellant has the right to appeal and has an amended certification showing she has the right to appeal, appellant must request a supplemental record from the trial court clerk and file a copy of the request with this court. If appellant fails to satisfactorily respond to this order within the time provided, the appeal will be dismissed.
We order all other appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record and the court reporter.