IN THE
TENTH COURT OF APPEALS
No. 10-18-00174-CR
COREY WHITTING,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Walker County, Texas
Trial Court No. 26519
ORDER ON REHEARING
On May 30, 2018, this Court issued an opinion dismissing the appeal of Corey
Whitting because the trial court’s certificate of right to appeal indicates that this is a plea
bargain case and Whitting does not have the right to appeal. On June 8, 2018, Whitting
filed a motion for rehearing arguing that the certificate of right to appeal is defective
because it is contrary to the record. The record indicates that Whitting waived his right
to appeal in a plea bargain agreement in August of 2014 and was placed on deferred
adjudication. The State filed a motion to adjudicate alleging numerous violations of
community supervision. Whitting pleaded true to most of the allegations; however, there
is nothing in the record to indicate that the plea of true was pursuant to a plea bargain
agreement. The certificate of right to appeal filed on April 27, 2018 appears to be
defective. Therefore, Whitting’s motion for rehearing is granted. We withdraw our May
30, 2018 opinion, and the appeal is reinstated. The trial court is ordered to file a corrected
certificate of right to appeal within 14 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted; appeal reinstated
Order delivered and filed August 1, 2018
Do not publish
[CR25]
Whitting v. State Page 2