Ronardo Fairly v. State

Fourth Court of Appeals San Antonio, Texas July 27, 2018

No. 04-18-00502-CR

Ronardo FAIRLY, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR3148 Honorable Joey Contreras, Judge Presiding

ORDER The trial court signed a certification dated May 15, 2018, that states the underlying case “is a plea-bargain case, and the defendant has NO right of appeal.” However, the clerk’s record shows the May 15, 2018 Judgment Adjudicating Guilt was an adjudication of guilt following a deferred adjudication and the defendant has a limited right of appeal. 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 (Tex. App.—San Antonio 2003, no pet.). We ORDER the trial court to amend the certification and cause the trial court clerk to file a supplemental clerk’s record containing the amended certification within THIRTY DAYS from the date of this order. See TEX. R. APP. P. 25.2(f).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of July, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court