Quincy Shelton Bell v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledSeptember 25, 2026
Docket03-26-00485-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00485-CR
Quincy Shelton Bell, Appellant
v.
The State of Texas, Appellee
FROM THE 452ND DISTRICT COURT OF MCCULLOCH COUNTY
NO. 7138, THE HONORABLE ROBERT R. HOFMANN, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Quincy Shelton Bell has filed a notice of appeal from his judgment of
conviction for the offense of bail jumping and failure to appear. Bell pleaded guilty to that
offense and was sentenced to eight years’ imprisonment.
The trial court’s certification of Bell’s right of appeal indicates that “this is not a
plea-bargain case, and the defendant has the right of appeal.” However, at the plea hearing, the
State announced:
Your Honor, we have reached an agreement where the Defendant is going to
plead guilty. We have submitted the waivers and stipulations that have been
signed and sworn by the Defendant in these two cases, and the State has agreed to
a cap of 15 years in each of these cases. 1
The district court asked Bell if he had executed the waivers and stipulations, and Bell
acknowledged that he had. Bell then pleaded guilty. Thus, contrary to the trial court’s
certification, this appears to be a plea-bargain case. See Shankle v. State, 119 S.W.3d 808, 813
(Tex. Crim. App. 2003) (explaining that one form of plea bargain is “sentence-bargaining,”
which “may be for binding or non-binding recommendations to the court on sentences, including
a recommended ‘cap’ on sentencing”); Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.—
Houston [1st Dist.] 2003, no pet.) (listing cases holding that “an agreement to a punishment cap
is a plea agreement within the meaning of Rule 25.2 of the Texas Rules of
Appellate Procedure”).
We are required “to examine a certification for defectiveness, and to use Rules
37.1 and 34.5(c) to obtain another certification, whenever appropriate.” Dears v. State,
154 S.W.3d 610, 613 (Tex. Crim. App. 2005); see Tex. R. App. P. 34.5(c), 37.1. A certification
is defective if it is correct in form “but which, when compared with the record before the court,
proves to be inaccurate.” Dears, 154 S.W.3d at 614.
Even in a plea-bargain case, the defendant may still have a right of appeal, but the
trial court must confirm that in its certification. Accordingly, we abate this appeal and remand
the cause to the trial court for entry of an amended certification clarifying Bell’s right of appeal.
The trial court is instructed to prepare and file with this Court an amended certification
1 The second case was for the offense of evading arrest. For that offense, Bell was
placed on deferred-adjudication community supervision for ten years. Bell filed a separate
notice of appeal from the order of deferred adjudication, and the district court has now certified
that Bell has no right of appeal in that case. Accordingly, this Court dismissed that appeal for
want of jurisdiction. See Bell v. State, No. 03-26-00484-CR (Tex. App.—Austin September 25,
2026, no pet. h.) (mem. op.).
2
specifying whether this is a plea-bargain case for which Bell has no right of appeal, whether he
has waived his right of appeal, or whether the trial court has given him permission to appeal. If
the trial court has given Bell permission to appeal, it shall note the scope of the permission. The
supplemental clerk’s record containing the amended certification shall be forwarded to this Court
within fifteen days of the date reflected in this opinion.
Before Justices Triana, Crump, and Ellis
Abated and Remanded
Filed: September 25, 2026
Do Not Publish
3