Staffon Ladarius-Dela Sparks v. State ( 2014 )

Order entered September 3, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00629-CR
No. 05-14-00630-CR
STAFFON LADARIUS-DELA SPARKS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F08-25612-M, F08-40995-M
ORDER
The Court REINSTATES the appeals.
On July 29, 2014, we ordered the trial court to make findings regarding why the
reporter’s record had not been filed. On August 27, 2014, we received the reporter’s record.
Therefore, in the interest of expediting the appeals, we VACATE the July 29, 2014 order
requiring findings.
Our July 29, 2014 order also required the trial court to review the record and to file
amended certifications of appellant’s right to appeal that accurately reflect the trial court
proceedings. Specifically, we informed the Court that the certifications state the cases involve
plea bargains and appellant has no right to appeal. The documents in the clerk’s record,
however, reflect that the plea agreements were during the hearing on the State’s motions to
proceed with adjudication of guilt. See Hargesheimer v. State, 182 S.W.3d 906, 912–13 (Tex.
Crim. App. 2006); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). We have not
yet received the amended certifications of appellant’s right to appeal.
Accordingly, we ORDER the trial court to prepare and file, within FIFTEEN DAYS of
the date of this order, amended certifications of appellant’s right to appeal that accurately reflect
the trial court proceedings. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 2013 WL 5220904(Tex. Crim. App. Sept. 18, 2013).
Appellant’s brief is due within FORTY-FIVE DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Ernest White, Presiding Judge, 194th Judicial District Court, and to counsel for all
parties.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE