Dears v. State
- Decided
- January 26, 2005
- Docket
- PD-1963-03
- Status
- Published
- Jurisdiction
- Texas
Cited 2,768 timesNo negative treatment found in this library
What later courts said
- holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate — Dominique Martez Reed v. State (2015)
- holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate — Cami Jamar Payton v. State (2020)
- holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate — Elijah Walter Johnson v. the State of Texas (2022)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION KEASLER, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.
Barbara Ann Dears entered open pleas of guilty but later bargained for a five-year sentence in exchange for her pleas of true to the State’s revocation motions. The trial judge certified that she had no right to appeal since there were plea bargains and the Court of Appeals dismissed the appeals. We conclude that these certifications are defective and these cases do not fall within the rule prohibiting appeal in plea bargains.
Procedural History Dears was initially indicted for a theft occurring in March 1999. She entered an open plea of guilty. In May 1999 she was convicted, and the judge suspended imposition of sentence and placed her on community supervision for 10 years.
Cite this
Dears v. State, 154 S.W.3d 610 (2005)Read the full opinion
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