DocketNumber： 04-18-00723-CR
Filed Date： 10/26/2018
Status： Precedential
Modified Date： 10/29/2018
Fourth Court of Appeals San Antonio, Texas October 26, 2018 No. 04-18-00723-CR Michael P. CARACHEO, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CR17-040 Honorable M. Rex Emerson, Judge Presiding ORDER The trial court’s certification in this appeal states the underlying case “is a plea-bargain case, and the defendant has NO right of appeal.” The trial court’s judgment, however, recites appellant pled not guilty and was found guilty by a jury. Accordingly, the trial court’s certification of defendant’s right of appeal is defective. 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. _________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of October, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court