COURT OF APPEALS
SANDEE BRYAN FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
MARION CADENA-REEVES JUSTICE CENTER CLERK OF COURT
CHIEF JUSTICE 300 DOLOROSA, SUITE 3200
KAREN ANGELINI SAN ANTONIO, TEXAS 78205-3037
MARIALYN BARNARD WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
REBECA C. MARTINEZ (210) 335-2635
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA FACSIMILE NO.
JASON PULLIAM (210) 335-2762
JUSTICES
Monday, February 2, 2015
E. Bruce Curry M. Patrick Maguire
District Attorney - 216th Judicial M. Patrick Maguire, P.C.
District Court 945 Barnett Street
200 Earl Garrett Street, Suite 202 Kerrville, TX 78028
Kerrville, TX 78028 * DELIVERED VIA E-MAIL *
* DELIVERED VIA E-MAIL *
Honorable N. Keith Williams
Judge, 216th Judicial District Court
Kerr County Courthouse
700 Main Street
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-15-00031-CR
Trial Court Case Number: A1071
Style: Richard Allen Clark
v.
The State of Texas
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
_______________________
Carmen De Leon
Deputy Clerk, Ext. 53262
cc: Robin Burlew (DELIVERED VIA E-MAIL)
Dandy Middleton (DELIVERED VIA E-MAIL)
The State of TexasAppellee
Fourth Court of Appeals
San Antonio, Texas
Monday, February 2, 2015
No. 04-15-00031-CR
Richard Allen CLARK,
Appellant/s
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A1071
Honorable N. Keith Williams, Judge Presiding
ORDER
Pursuant to the terms of his plea-bargain agreement, Richard Allen Clark pled guilty to
aggravated assault and was placed on deferred adjudication community supervision. His deferred
adjudication community supervision was then revoked, he was found guilty by the trial court,
and he was sentenced to ten years in prison. Clark then filed a notice of appeal. On December 18,
2014, the trial court signed a certification of defendant’s right to appeal stating that this “is a
plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
After Clark timely filed a notice of appeal, the trial court clerk sent copies of the certification and
notice of appeal to this court. See id. 25.2(e). The clerk’s record, which includes the trial court’s
Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
In Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006), the Texas Court
of Criminal Appeals held that even though a defendant originally entered into a plea-bargain
agreement for deferred adjudication, when that defendant appeals from the proceeding on a
motion to adjudicate guilt, Texas Rule of Appellate Procedure 25.2 will not restrict his right to
appeal. “Under this circumstance, the trial judge must check the box on the certification form
indicating that the case ‘is not a plea-bargain case, and the defendant has the right to appeal.’” Id.
We, therefore, ORDER the trial court to re-certify this case by designating it as “not a
plea-bargain case” on the certification form on or before February 17, 2015. See id. We also
ORDER the trial court clerk to file a supplemental clerk’s record containing the corrected
certification on or before February 23, 2015.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 2nd day of February, 2015.
___________________________________
Keith E. Hottle
Clerk of Court
Richard Allen Clark v. State
Combined Opinion