Leticia Lopez v. the State of Texas

Fourth Court of Appeals San Antonio, Texas August 5, 2022

No. 04-22-00447-CR

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 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.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of August, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court