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Click here for the full text of this decision FACTS:Barbara Ann Dears was indicted for theft in 1999. She entered an open plea of guilt, was convicted in May 1999 and placed on community supervision for 10 years. Dears was soon indicted for possession of cocaine and heroin with intent to deliver. She entered an open plea of guilt in December 1999, and the state moved to revoke Dears’ probation in the theft case. Dears pleaded true to the probation violations. In January 2000, the two possession cases and the theft case were before the court for sentencing. In the theft case, Dears’ probation was revoked, and she was sentenced to 10 years with release to shock probation for 10 years. In the cocaine case, Dears got deferred adjudication and was placed on 10 years’ community supervision. In the heroin case, Dears’ sentence was suspended, and she was placed on 10 years’ community supervision. The state moved to revoke probation in all three cases in February 2002. Dears entered into an agreement, whereby she pleaded true to the probation violations in exchange for a 5-year sentence in each case. The trial court revoked community supervision in the theft and heroin cases. The trial court also adjudicated guilt in the cocaine case. Dears was sentenced to five years for each case, to run concurrently. When Dears attempted to appeal, the trial court entered certifications that, because these were plea bargain cases, Dears didn’t have the right to appeal. Nonetheless, the trial court’s own docketing statement says that there were no plea agreements in the case. The 5th Court of Appeals in Dallas asked the clerk to provide the judgment and plea papers, and, based on these, the appeals court dismissed the appeal for lack of jurisdiction. HOLDING:Reversed and remanded to the appellate court. The court acknowledges that under Texas Rule of Appellate Procedure 25.2(a)(2), which limits the right to appeal in plea bargain cases, an appeal may be had under only very specific circumstances, such as if the trial court gives permission to appeal. The court finds that Rule 25.2(a)(2) applies only to plea bargains on guilty pleas, not plea bargains where a defendant is pleading true to revocation motions. Nothing in Rule 25.2(a)(2) limits Dears’ right to appeal. Nonetheless, because of the trial court’s certification of no right of appeal, the appeals court was still required to dismiss Dears’ appeal, unless that court determined that the certification was defective. Under the dictionary definition of defective “lacking in legal sufficiency” the certification is proper. The court, however, believes that there is a broader meaning. The court concludes that a defective certification would be one that is correct in form, but which, when compared to the record before the court, proves to be inaccurate. The certification in this case did not match the docketing statement, so the court of appeals should have concluded that the certification was defective and “acted accordingly.” OPINION:Mike Keasler, J., delivered the opinion of the court in which Meyers, Price, Womack, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., filed a dissenting opinion. Johnson, J., concurred in the result. DISSENT:Sharon Keller, P.J. The dissent says it disagrees with the court’s interpretation of “defective.” “I would take this opportunity to make it clear that under Rule 25.2, there will normally be no record on appeal in cases that are not certified by the trial court as appealable. Appellate courts should be able to determine from the certification alone whether a defendant has the right to appeal. In the rare cases where preparation of a record would have revealed an inaccuracy in the certification, the defendant may obtain relief by habeas corpus.”

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