In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00258-CR
______________________________
TRACIE DANIELLE ALPHIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 354th Judicial District Court
Hunt County, Texas
Trial Court No. 24651
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Tracie Danielle Alphin has filed a notice of appeal from her adjudication of guilt of
unauthorized use of a vehicle. On our review of the clerk’s record, we noted that the trial court’s
certification of right of appeal stated that this was a plea agreement case and that Alphin had no
right of appeal.
On the record before us, it appeared that the certification was incorrect. No plea
agreement documents were contained in the clerk’s record related to the final adjudication,
although it did contain plea documents connected with the original order placing Alphin on
deferred adjudication, and a waiver of right of appeal that did not reference the existence of any
agreement. On March 20, 2012, we sent a letter to the trial court judge, stating that the record and
the certification were inconsistent. We have now received a supplemental clerk’s record
containing a letter from the trial judge informing us that there was a plea agreement in place in this
case and stating that the certification is therefore correct. Thus, we now have documentation in
the supplemental clerk’s record that explains how an otherwise questionable waiver of appeal
could have effect, and for the first time showing the existence of a plea agreement as to the final
adjudication of guilt.
Unless a certification, showing that a defendant has the right of appeal, is in the record, we
must dismiss the appeal. See TEX. R. APP. P. 25.2(d).
2
Because the trial court’s certification affirmatively shows Alphin has no right of appeal,
and because the record before us does not reflect that the certification is incorrect, see Dears v.
State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
Date Submitted: April 25, 2012
Date Decided: April 26, 2012
Do Not Publish
3