Opinion
No. 08-14-00047-CR
04-06-2016
JAIME VILLA, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 120th Judicial District Court of El Paso County, Texas (TC# 20110D05357) ORDER
In its certification of the defendant's right to appeal, the trial court indicated that Appellant does not have a right to appeal because this "is a plea-bargain case[.]" The Rules of Appellate Procedure require us to dismiss this appeal unless we find that the certification is defective. See TEX.R.APP.P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex.Crim.App. 2005). The Court inadvertently failed to review the certification for accuracy when the supplemental clerk's record was filed, but we have reviewed the entire record in our analysis of the issues presented on appeal. The judgment for each count reflects that Appellant entered a plea of not guilty, and a jury found him guilty and assessed his punishment. Finding nothing in the record to indicate that this is a plea bargain case, we conclude that the trial court's certification is defective because it is contrary to the record. Accordingly, the trial court is ordered to enter a new certification of the defendant's right to appeal. Given that Appellant has already been advised of his rights to appeal and to file a petition for discretionary review, the trial court is not required to obtain Appellant's signature on the certification. The trial court shall file the new certification with the trial court clerk no later than April 21, 2016. The trial court clerk shall prepare and file a supplemental clerk's record containing the new certification of the defendant's right to appeal no later than May 2, 2016.
IT IS SO ORDERED THIS 6TH DAY OF APRIL, 2016.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.