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Lopez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 5, 2022
No. 04-22-00447-CR (Tex. App. Aug. 5, 2022)

Opinion

04-22-00447-CR

08-05-2022

Leticia LOPEZ, Appellant v. The STATE of Texas, Appellee


From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR5852W Honorable Raymond Angelini, Judge Presiding

ORDER

Patricia O. Alvarez, Justice

In accordance with a plea bargain agreement, Appellant was convicted of the state jail felony of theft under $2,500, enhanced. The trial court suspended Appellant's sentence and placed her on community supervision. Subsequently, the trial court rendered a judgment revoking Appellant's community supervision, and Appellant now seeks to appeal the revocation.

However, the clerk's record contains a trial court certification signed on July 8, 2022, that states the underlying case "is a plea-bargain case, and the defendant has NO right of appeal."

Because this is an appeal from a judgment revoking Appellant's community supervision, the trial court's certification of defendant's right of appeal is defective. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760, 761 (Tex. App.- San Antonio 2003, no pet.); see also Rickels v. State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006).

We ORDER the trial court to amend the certification and cause the district clerk to file a supplemental clerk's record containing the amended certification within THIRTY DAYS of the date of this order. See Tex. R. App. P. 25.2(f), 37.2; Sanchez, 109 S.W.3d at 761.


Summaries of

Lopez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 5, 2022
No. 04-22-00447-CR (Tex. App. Aug. 5, 2022)
Case details for

Lopez v. State

Case Details

Full title:Leticia LOPEZ, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 5, 2022

Citations

No. 04-22-00447-CR (Tex. App. Aug. 5, 2022)