Order entered October 30, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00986-CR
PATRICK HENSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-26946-T
ORDER
By letter dated August 20, 2015, the Court notified the trial court that it questioned the
accuracy of the trial court’s certification of appellant’s right to appeal. Specifically, the
certification states appellant waived his right to appeal, but nothing in the documents from the
revocation proceedings show appellant waived his right to appeal. Additionally, the provisions
of rule 25.2(a)(2) regarding plea bargain agreements and the right to appeal do not apply to
probation revocation proceedings. See Dears v. State, 154 S.W.3d 610, 613–14 (Tex. Crim. App.
2005) Therefore, we asked the trial court to review and file, within ten days, either an amended
certification of appellant’s right to appeal or written verification, supported by documentation,
that the current certification is correct. To date, we have had no response from the trial court to
our letter.
Accordingly, we ORDER the trial court to file, within TEN DAYS of the date of this
order, either an amended certification of appellant’s right to appeal that accurately reflects the
probation revocation proceeding or written verification, supported by documentation, that the
certification on file from the revocation hearing is correct.
We DIRECT the Clerk to send copies of this order to the Honorable Rick Magnis,
Presiding Judge, 283rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; and to
counsel for all parties.
/s/ ADA BROWN
JUSTICE
Patrick Henson v. State
Combined Opinion