Maria Isabel Velasquez v. the State of Texas
This text of Maria Isabel Velasquez v. the State of Texas (Maria Isabel Velasquez v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-23-00385-CR
MARIA ISABEL VELASQUEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 181st District Court Potter County, Texas Trial Court No. 081727-B-CR, Honorable Titiana D. Frausto, Presiding
January 25, 2024 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.
Pursuant to a plea bargain agreement, Appellant, Maria Isabel Velasquez, was
placed on deferred adjudication community supervision for aggravated assault with a
deadly weapon.1 On September 11, 2023, the trial court signed a certification of
Appellant’s right of appeal indicating that this is a plea bargain case with no right of appeal
and that Appellant has waived her right of appeal. Subsequently, at a hearing on
1 See TEX. PENAL CODE ANN. § 22.02(a)(2). September 28, 2023, the trial court orally granted Appellant permission to appeal her
placement on deferred adjudication community supervision. Appellant filed this appeal,
but no certification reflecting that the trial court has given her permission to appeal has
been filed with this Court.
We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of
the record.” Because the current 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); Dears
v. State, 154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005) (requiring an appellate court to
determine whether the trial court’s certification comports to the record). The trial court
shall utilize reasonable means to secure appellant’s signature on the amended
certification. See TEX. R. APP. P. 25.2(d). The amended certification shall be included in
a supplemental clerk’s record filed with the Clerk of this Court by February 26, 2024.
It is so ordered.
Per Curiam
Do not publish.
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