Opinion
No. 04-13-00202-CR
05-31-2013
James Ernest WALLACE, Appellant v. THE STATE OF TEXAS, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR4515
Honorable Raymond Angelini, Judge Presiding
ORDER
The trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record shows a motion to adjudicate guilt and revoke community supervision was filed by the State and granted by the trial court. The judgment reflects that the defendant entered a plea of "true" to a violation of his community supervision, and the court adjudicated him guilty and revoked his community supervision, sentencing him to serve two years' imprisonment plus a $1,500 fine. A defendant has a limited right of appeal from an adjudication of guilt. See TEX. CODE CRIM. PROC. ANN. art. 42.12 § 5(b) (West Supp. 2012). Therefore, the trial court certification does not accurately reflect that the defendant has the right to appeal and is defective. See TEX. R. APP. P. 25.2(a)(2).
Rule 25.2(d) of the Texas Rules of Appellate Procedure requires the record to contain the trial court's certification of the defendant's right of appeal under Rule 25.2(a)(2). TEX. R. APP. P. 25.2(d). It further provides, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Id.
Accordingly, the trial court is ORDERED to prepare and file an amended trial court certification correcting the defect and showing that the defendant has the right to appeal the adjudication of guilt pursuant to article 42.12, section 5(b). See TEX. CODE CRIM. PROC. ANN. art. 42.12 § 5(b). The trial court clerk is instructed file a supplemental clerk's record containing the amended trial court certification in this Court within ten days from the date of this order. TEX. R. APP. P. 25.2(f), (d); 34.5(c); 37.1. All other appellate deadlines are suspended pending resolution of the certification issue.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2013.
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Keith E. Hottle
Clerk of Court