Eduardo Reyes v. State

Opinion

Fourth Court of Appeals San Antonio, Texas October 23, 2015

No. 04-15-00640-CR

Eduardo REYES, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR0808 Honorable Sid L. Harle, Judge Presiding

ORDER The trial court signed a certification dated September 9, 2015, that states the underlying case “is not a plea-bargain case, and the defendant has the right of appeal.” However, the clerk’s record shows this is a plea-bargain case. 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.). We ORDER the trial court to 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. See TEX. R. APP. P. 25.2(f).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of October, 2015.

___________________________________ Keith E. Hottle Clerk of Court