Allen Lee Bell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 10, 2023
• Docket: 07-22-00220-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00220-CR

ALLEN LEE BELL, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 106th District Court Garza County, Texas Trial Court No. 21-3714, Honorable Reed A. Filley, Presiding

May 10, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

In 2021, Appellant, Allen Lee Bell, was placed on deferred adjudication community

supervision for failure to appear in court.1 The trial court later adjudicated Appellant guilty

of the offense and sentenced him to ten years’ confinement. Appellant now appeals from

the judgment adjudicating guilt. However, the trial court’s certification of Appellant’s right

of appeal provides conflicting certifications. See TEX. R. APP. P. 25.2(a)(2), (d); Dears v.

1 See TEX. PENAL CODE ANN. § 38.10. State, 154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005) (requiring appellate courts to

determine whether a certification comports with the record). The document indicates that

this “is not a not a plea-bargain case, and the defendant has the right of appeal,” but also

provides that this “is a plea-bargain case, and the defendant has NO right of appeal” and

that “defendant has waived the right of appeal.”

Because the certification of Appellant’s right of appeal appears defective, we abate

the appeal and remand the cause to the trial court to prepare an amended certification

consistent with the record. See TEX. R. APP. P. 25.2(d), (f); see also Hargesheimer v.

State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006) (concerning the defendant’s right to

appeal from the proceeding on a motion to adjudicate guilt). The amended certification

shall be included in a supplemental clerk’s record filed with the Clerk of this Court by May

22, 2023.

It is so ordered.

Per Curiam

Do not publish.