Richard Allen Clark v. State ( 2015 )


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  •                                                                                 The State of
    Fourth Court of Appeals
    San Antonio, Texas
    Monday, February 2, 2015
    No. 04-15-00032-CR
    Richard Allen Clark,
    Appellant
    v.
    The State of Texas,
    Appellee
    From the 216th Judicial District Court, Kerr County, Texas
    Trial Court No. A10243
    Honorable N. Keith Williams, Judge Presiding
    ORDER
    Pursuant to the terms of his plea-bargain agreement, Richard Allen Clark pled guilty to
    stalking and was placed on deferred adjudication community supervision. His deferred
    adjudication community supervision was then revoked, he was found guilty by the trial court,
    and he was sentenced to ten years in prison. Clark then filed a notice of appeal. On December 18,
    2014, the trial court signed a certification of defendant’s right to appeal stating that this “is a
    plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
    After Clark timely filed a notice of appeal, the trial court clerk sent copies of the certification and
    notice of appeal to this court. See id. 25.2(e). The clerk’s record, which includes the trial court’s
    Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
    In Hargesheimer v. State, 
    182 S.W.3d 906
    , 913 (Tex. Crim. App. 2006), the Texas Court
    of Criminal Appeals held that even though a defendant originally entered into a plea-bargain
    agreement for deferred adjudication, when that defendant appeals from the proceeding on a
    motion to adjudicate guilt, Texas Rule of Appellate Procedure 25.2 will not restrict his right to
    appeal. “Under this circumstance, the trial judge must check the box on the certification form
    indicating that the case ‘is not a plea-bargain case, and the defendant has the right to appeal.’” 
    Id.
    We, therefore, ORDER the trial court to re-certify this case by designating it as “not a
    plea-bargain case” on the certification form on or before February 17, 2015. See 
    id.
     We also
    ORDER the trial court clerk to file a supplemental clerk’s record containing the corrected
    certification on or before February 23, 2015.
    _________________________________
    Karen Angelini, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 2nd day of February, 2015.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-15-00032-CR

Filed Date: 2/3/2015

Precedential Status: Precedential

Modified Date: 2/3/2015