Jenelius O. Crew v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 12, 2022
• Docket: 04-22-00529-CR
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas September 12, 2022

No. 04-22-00529-CR

Jenelius O. CREW, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR12785 Honorable Stephanie R. Boyd, Judge Presiding

ORDER In accordance with a plea bargain, Jeneluis O. Crew pled nolo contendere to deadly conduct in exchange for deferred adjudication community supervision. The trial court subsequently adjudicated Crew guilty and sentenced him. Crew now seeks to appeal. However, the clerk’s record contains a trial court certification signed on July 15, 2022 stating, “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Because this is an appeal from a proceeding on the motion to adjudicate guilt, the trial court’s certification of defendant’s right of appeal is defective. Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006). We therefore ORDER the trial court to amend the certification and the district clerk to file a supplemental clerk’s record containing the amended certification by October 12, 2022. TEX. R. APP. P. 37.2; Hargesheimer, 182 S.W.3d at 913.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of September, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court