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