Michael P. Caracheo v. State

Fourth Court of Appeals San Antonio, Texas October 26, 2018 No. 04-18-00723-CR Michael P. CARACHEO, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CR17-040 Honorable M. Rex Emerson, Judge Presiding ORDER The trial court’s certification in this appeal states the underlying case “is a plea-bargain case, and the defendant has NO right of appeal.” The trial court’s judgment, however, recites appellant pled not guilty and was found guilty by a jury. Accordingly, the trial court’s certification of defendant’s right of appeal is defective. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760 (Tex. App.—San Antonio 2003, no pet.). It is therefore ORDERED that the trial court amend the certification and cause the trial court clerk to file a supplemental clerk’s record containing the amended certification within twenty days from the date of this order. _________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of October, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court