Opinion
04-24-00318-CR
05-16-2024
Madison Lynn MCNUTT, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR9931 Honorable Christine Del Prado, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
Pursuant to a plea bargain, the trial court signed an order of deferred adjudication on November 30, 2017. Thereafter, the State filed a motion to adjudicate guilt, and, on March 22, 2024, the trial court adjudicated guilt and imposed a sentence upon appellant. On April 29, 2024, appellant filed a motion for leave to file a late notice of appeal in our court. The motion was filed in the trial court on May 1, 2024. On May 10, 2024, the clerk's record was filed. The trial court's certification in the clerk's record that was signed on March 22, 2024, states that this criminal case, "is a plea-bargain case, and the defendant has NO right of appeal."
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by June 17, 2024, showing appellant has the right of appeal. See Tex. R App. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.- San Antonio 2003, no pet).
All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of May, 2024.