Monique Shuntay Allen v. the State of Texas

NO. 12-24-00136-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MONIQUE SHUNTAY ALLEN, § APPEAL FROM THE 114TH
APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

Monique Shuntay Allen pleaded “guilty” to possession of a controlled substance and, in
accordance with the agreed punishment recommendation, the trial court placed Appellant on
deferred adjudication community supervision for three years. Appellant signed a waiver of
appeal. The State subsequently moved to adjudicate guilt. Appellant pleaded “true” to violating
the terms of community supervision. The trial court revoked community supervision and
sentenced Appellant to seven months of confinement in accordance with her agreement with the
State. The signed plea admonishments state that in exchange for Appellant’s plea of “true” and
her agreement to waive any right to new trial or appeal, the State recommended seven months
state jail.
The clerk’s record has been filed and the trial court’s certification states that this is a plea
bargain case, and Appellant has no right of appeal, as well as that Appellant waived the right of
appeal. The certification is signed by Appellant and her counsel. See TEX. R. APP. P. 25.2(d).
The clerk’s record does not otherwise indicate that the trial court gave Appellant permission to
appeal.
When the defendant is the appellant, the record must include the trial court’s certification
of the defendant’s right of appeal. Id. This Court must dismiss an appeal “if a certification that
shows the defendant has the right of appeal has not been made part of the record.” Id. Based on
our review of the record, the trial court’s certification appears to accurately state that this is a
plea bargain case and Appellant has no right to appeal, and that Appellant waived the right to
appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of
appeals should review record to determine whether trial court’s certification is accurate).
Because the trial court did not grant Appellant the right to appeal, we dismiss the appeal.

Opinion delivered June 12, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 12, 2024

NO. 12-24-00136-CR

MONIQUE SHUNTAY ALLEN,
Appellant
V.
THE STATE OF TEXAS,
Appellee

Appeal from the 114th District Court
of Smith County, Texas (Tr.Ct.No. 114-0943-23)

THIS CAUSE came to be heard on the appellate record; and the same being
considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this
appeal be, and the same is, hereby dismissed; and that this decision be certified to the court
below for observance.

By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J