Sandra Lee Martin v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-17-00203-CR
___________________________
SANDRA LEE MARTIN, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 30th District Court
Wichita County, Texas
Trial Court No. 55,227-A
Before Michael Massengale (Former Justice, Sitting by Assignment);
Kerr and Birdwell, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant was originally charged with three counts of possessing with intent to
deliver a controlled substance, namely methamphetamine, in an amount of 4 grams or
more but less than 200 grams. See Tex. Health & Safety Code Ann. § 481.112(d). In
each count the State alleged that appellant committed the offense in, on, or within
1,000 feet of real property that was owned, rented, or leased to a school. See id.
§ 481.134(c)(1). In return for appellant’s guilty plea on two counts, the State moved
to dismiss the third count and a separate charge (cause no. 57,270). For the remaining
counts, the State further agreed not to seek a drug-free zone enhancement, which
would have increased the minimum term of confinement or imprisonment by five
years and doubled the maximum fine for the offenses. See id. The trial court found
appellant guilty on both counts and sentenced her to fifteen years’ imprisonment on
each count, with the sentences to run concurrently. The trial court’s certification of
appellant’s right to appeal indicated that this case is not a plea-bargain case and that
appellant had the right of appeal. See Tex. R. App. P. 25.2(a)(2).
When we have a record, we are obligated to review it to ascertain whether the
certification of right to appeal is defective. If it is defective, we must use Rules 34.5(c)
and 37.1 to obtain a correct certification. Dears v. State, 154 S.W.3d 610, 614–15 (Tex.
Crim. App. 2005); see Tex. R. App. P. 34.5(c), 37.1. Accordingly, we abated this
appeal and remanded the cause to the trial court for further proceedings.
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On remand, the trial court conducted a hearing with the attorneys present and
found that appellant had entered into a charge bargain that qualified as a plea bargain
under Rule 25.2(a). Tex. R. App. P. 25.2(a)(2). The trial court denied permission to
appeal and signed an amended certification of appellant’s right to appeal, stating that
this is a plea-bargain case, and appellant has no right of appeal. See id.
Because appellant has no right of appeal, we dismiss the appeal in conformity
with the amended certification of appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: May 2, 2019
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