Terrick White v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-19-00079-CR
No. 02-19-00080-CR
TERRICK WHITE, Appellant
V.
THE STATE OF TEXAS
On Appeal from the Criminal District Court No. 1
Tarrant County, Texas
Trial Court No. 1511843D, 1507579D
ABATEMENT ORDER
Based on our review of the record, we are concerned that the “Trial Court’s Certification
of Defendant’s Right of Appeal” in both cases are incorrect because appellant Terrick White
entered into plea bargains. See Tex. R. App. P. 25.2(a)(2), (d); Chavez v. State, 183 S.W.3d 675,
680 (Tex. Crim. App. 2006); Shankle v. State, 119 S.W.3d 808, 813–14 (Tex. Crim. App. 2003).
In both cases, White and the State entered charge bargains. A charge bargain means a
“plea bargain whereby a prosecutor agrees to drop some of the counts or reduce the charge to a
less serious offense in exchange for a plea of either guilty or no contest from the defendant.”
Harper v. State, 567 S.W.3d 450, 455 (Tex. App.—Fort Worth 2019, no pet.) (quoting Charge
bargain, Black’s Law Dictionary (10th ed. 2014)). A charge bargain qualifies as a plea bargain
subject to Rule of Appellate Procedure 25.2(a)(2). See Tex. R. App. P. 25.2(a)(2), (d); Shankle,
119 S.W.3d at 813–14; see also Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009).
The trial court’s certifications in both cases are thus incorrect. See Kennedy, 297 S.W.3d at 342
(concluding that a defendant had entered into a plea-bargain agreement subject to Rule 25.2(a)(2)
even though his paperwork stated that he had entered an open guilty plea).
Thus, we abate these appeals and remand the cases to the trial court so that the trial court
may enter amended certifications that comport with the record. See Tex. R. App. P. 25.2(d),
34.5(c)(2).
The trial court, White, and White’s counsel must sign the amended certifications if
possible. If White and White’s counsel are unable to sign the amended certifications, the trial
court must send them copies through certified mail and provide this court with proof of such
mailings. The trial court must use whatever means necessary to secure complete, proper
amended certifications and must inform this court as soon as practicable if it is unable to execute
the certifications in accordance with the requirements of Rule 25.2(d). See Tex. R. App. P.
25.2(d).
Supplemental clerk’s records containing the amended certifications must be filed with
this court no later than Thursday, December 12, 2019. See Tex. R. App. P. 34.5(c)(2). Any
supplemental reporter’s record must also be filed by that date. Upon receipt of the supplemental
records, these appeals will be automatically reinstated and must either continue or be dismissed.
We direct the clerk of this court to send a copy of this order to the attorneys of record, the
trial court judge, the trial court clerk, and the court reporter.
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Dated November 12, 2019.
Per Curiam
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