Shanetha C. Tate v. State

Fourth Court of Appeals
San Antonio, Texas
March 29, 2019
No. 04-19-00158-CR
Shanetha C. TATE,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR10122
Honorable Ron Rangel, Judge Presiding
ORDER
On February 26, 2019, the trial court signed a trial court certification stating the
underlying case “is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s
record was filed on March 27, 2019, and the appellant is seeking to appeal a judgment
adjudicating guilt. Accordingly, the trial court’s certification is defective because it should
reflect the criminal case is an adjudication of guilt following deferred adjudication, and the
appellant has a limited right of appeal. 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. The reporter’s record is due to be filed in this appeal no later than April 29,
2019.
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 29th day of March, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court