Opinion
No. 04-20-00400-CR
11-09-2020
Christina Marie WOOLARD, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 19-11-0291-CRA
Honorable Bob Brendel, Judge Presiding
ORDER
On September 22, 2020, we abated this appeal to the trial court for purposes of determining whether appellant is indigent and entitled to court-appointed appellate counsel. We also suspended all appellate deadlines in this appeal. A supplemental clerk's record has been filed showing the trial court found appellant to be indigent and appointed counsel to represent her in this appeal. We lift the abatement and reinstate this appeal on the docket of this court.
Both the clerk's record and the reporter's record have been filed. The clerk's record contains a trial court certification. See TEX. R. APP. P. 25.2(a)(2) (requiring the trial court to enter a certification of the defendant's right to appeal each time it enters a judgment of guilt). We are obligated to review the entire appellate record to determine if the trial court's certification is defective. Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). A certification is defective if it proves to be inaccurate when compared with the appellate record. Id. at 614.
We have reviewed the appellate record in this case and compared it with the trial court's certification. The trial court's certification states that this is a plea-bargain case and appellant has no right to appeal; however, the clerk's record does not contain a plea-bargain agreement and the reporter's record indicates that appellant pled guilty pursuant to an open plea. Additionally, the trial court's certification states appellant has waived the right to appeal; however, nothing in the clerk's record or the reporter's record shows that appellant waived her right to appeal. Thus, the record indicates this is not a plea-bargain case and appellant did not waive her right to appeal.
The trial court did refer to a plea-bargain agreement at the plea hearing; however, the trial court and the prosecutor characterized appellant's plea as an open plea at the sentencing hearing.
We, therefore, ORDER the trial court to prepare an amended certification correcting these defects on or before November 20, 2020. We FURTHER ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's amended certification on or before November 30, 2020. After the supplemental clerk's record is filed, we will set a due date for the filing of appellant's brief.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of November, 2020.
/s/_________
Michael A. Cruz,
Clerk of Court