Rodney Dwayne Cleveland v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00059-CR
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RODNEY DWAYNE CLEVELAND, Appellant
V.
THE STATE OF TEXAS, Appellee
_________________________________________________________________ _
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 94049
_________________________________________________________________ _
ORDER
Appellant Rodney Dwayne Cleveland filed a motion for rehearing of our
opinion of March 6, 2013. The opinion dismissed Cleveland’s appeal because the
trial court entered a certification of Cleveland’s right to appeal, certifying that this
is a plea-bargain case and that Cleveland has no right of appeal. See Tex. R. App.
P. 25.2(a)(2). The Court requested a response from the State. In its response, the
State indicates that Cleveland’s appeal involved revocation of community
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supervision, which is not a plea bargain case, and the State also explains that “there
is no indication that the defendant waived his right of appeal.” Upon reviewing the
newly-filed clerk’s record, we agree with the State.
For these reasons, we grant Cleveland’s motion for rehearing, set aside our
opinion of March 6, 2013, and reinstate Cleveland’s appeal. See Dears v. State,
154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005) (An appellate court has the ability
to examine a certification for defectiveness.); Waters v. State, 124 S.W.3d 825, 826
(Tex. App.—Houston [14th Dist.] 2003, pet. ref’d) (Recitations in a certification of
the right to appeal must be true and supported by the record.). The reporter’s
record is due June 3, 2013.
ORDER ENTERED MAY 2, 2013.
PER CURIAM
Before McKeithen, C.J., Gaultney and Horton, JJ.
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