Date: 01-18-2017

Case Style:

Case Number: 03-16-00737-CR

Judge: Memorandum Opinion Per Curiam

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney:

Mr. Bob D. Odom
The Honorable Stacey M. Soule

Defendant's Attorney:

Justin Bradford Smith

Description: The rules of appellate procedure provide, “The trial court shall enter a certification
of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.”
Tex. R. App. P. 25.2(a)(2). We are required “to examine a certification for defectiveness, and to
use Rules 37.1 and 34.5(c) to obtain another certification, whenever appropriate.” Dears v. State,
154 S.W.3d 610, 614 (Tex. Crim. App. 2005) (citing Tex. R. App. P. 37.1, 34.5(c)). A defective
certification is one “which is correct in form but which, when compared with the record before the
court, proves to be inaccurate.” Id.
The certification in this cause indicates that this is not a plea-bargain case and the
defendant has the right of appeal. This certification does not appear to conform to the record. While
this is not a plea-bargain case, the record contains several documents indicating that the defendant
reached an agreement with the State regarding the adjudication of guilt and/or revocation of
adjudicated supervision and sentencing, and as part of that agreement, waived her right to appeal.1

Outcome: