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Heather M. Stephens v. the State of Texas

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ABATEMENT AND REMAND

According to the limited documents filed, Appellant was convicted of possession of methamphetamine in an amount of more than four but less than 200 grams, and punishment was assessed at five years confinement.*fn1 The Trial Court’s Certification of the Defendant’s Right to Appeal signed by the trial court and by Appellant has two boxes checked which contradict each other. The option “is not a plea-bargain case, and the Defendant has the right to appeal” and “is a plea-bargain case and the Defendant has NO right of appeal” are both selected. Thus, the certification is defective. See Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005).

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