TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00369-CR
Dacious Parker, Appellant
v.
State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT
NO. D-1-DC-12-600094, HONORABLE P. DAVID WALHBERG, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Dacious Parker pleaded guilty to the offense of aggravated
assault-enhanced and the district court placed him on deferred-adjudication community supervision
for a period of ten years. Subsequently, the State filed a motion to proceed with an adjudication of
guilt. Parker pleaded “not true” to the allegations in the motion to adjudicate and was sentenced to
twenty years’ imprisonment. This appeal followed.
The rules of appellate procedure require a trial court to “enter a certification of the
defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.”
Tex. R. App. P. 25.2(a)(2). The certification in this cause indicates that this is a plea-bargain case
and the defendant has no right of appeal, but the record indicates that Parker did not plead guilty or
nolo contendere but “not true” to the allegations in the State’s motion to adjudicate. See
Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006) (concluding that “when the
defendant appeals from the proceeding on the motion to adjudicate guilt, Rule 25.2(a)(2) will not
restrict appeal”).
In light of the apparent discrepancy between the certification and the record, we abate
the appeal and remand the cause to the district court for entry of an amended certification addressing
Parker’s right of appeal from the judgment adjudicating guilt. See Dears v. State, 154 S.W.3d 610,
614 (Tex. Crim. App. 2005) (concluding that appellate courts may examine certification for
defectiveness and use Appellant Rules of Procedure 37.1 and 34.5(c) when appropriate to obtain
another certification and noting that “[Rule 25.2(a)(2)] refers only to plea bargains with regard to
guilty pleas, not pleas of true on revocation motions”).
Once entered, the certification shall be included in a supplemental clerk’s record and
filed with this Court no later than October 29, 2015.
Before Justices Puryear, Goodwin, and Bourland
Abated and Remanded
Filed: October 9, 2015
Do Not Publish
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