Fourth Court of Appeals
San Antonio, Texas
October 26, 2018
No. 04-18-00723-CR
Michael P. CARACHEO,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CR17-040
Honorable M. Rex Emerson, Judge Presiding
ORDER
The trial court’s certification in this appeal states the underlying case “is a plea-bargain
case, and the defendant has NO right of appeal.” The trial court’s judgment, however, recites
appellant pled not guilty and was found guilty by a jury. Accordingly, the trial court’s
certification of defendant’s right of appeal is defective. See Dears v. State, 154 S.W.3d 610
(Tex. Crim. App. 2005); Sanchez v. State, 109 S.W.3d 760 (Tex. App.—San Antonio 2003, no
pet.). It is therefore ORDERED that the trial court amend the certification and cause the trial
court clerk to file a supplemental clerk’s record containing the amended certification within
twenty days from the date of this order.
_________________________________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 26th day of October, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court