COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Larry Darnell Eagans v. State of Texas

Appellate case number: 01-21-00420-CR

Trial court case number: 1614756

Trial court: 184th District Court of Harris County

The appellate record in this case indicates that the trial court’s certification of 

appellant’s right to appeal does not comport with the Texas Rules of Appellate Procedure 

because it may be defective. See TEX. R. APP. P. 25.2(d), 25.2(f), 34.5(c)(2); TEX. CODE 

CRIM. PROC. art. 44.02; see also Jones v. State, 488 S.W.3d 801, 804–05 (Tex. Crim. App. 

2016) (a certification that is correct in form but inaccurate when compared to the record is 

defective). The record contains two, identical signed certifications. Each of the trial court’s 

certifications, both signed on January 6, 2021, state that the defendant has waived the right 

of appeal. See TEX. R. APP. P. 25.2(a)(2). Our review of the clerk’s record indicates that

the certifications may be defective. This order constitutes notice to all parties of the 

apparent defective certification of the right of appeal. See TEX. R. APP. P. 37.1. 

The certification appears to be inconsistent with the judgment adjudicating guilt 

signed on December 3, 2020. While the appellant waived his right to appeal in the 

underlying plea bargain that led to his deferred adjudication, the record does not reflect 

that he entered a guilty plea in the subsequent adjudication proceedings. When a defendant 

enters into a plea bargain for deferred adjudication community supervision, the plea 

bargain is complete at the time he enters his plea of guilty in exchange for deferred 

adjudication community supervision. Guerrero v. State, 554 S.W.3d 268, 272 (Tex. 

App.—Houston [14th Dist.] 2018, no pet.) (citing Hargesheimer v. State, 182 S.W.3d 906, 

913 (Tex. Crim. App. 2006)); see TEX. R. APP. P. 25.2(a)(2). “[W]hen the defendant 

appeals from the proceeding on the motion to adjudicate guilt, Rule 25.2(a)(2) will not 

restrict appeal . . . .” Hargesheimer, 182 S.W.3d at 913. When a plea bargain does not relate 

to the subsequent adjudication hearing, the trial court is required to certify after the 

adjudication hearing that the case is not a plea bargain case, and the defendant has the right 

to appeal. Id.; Guerrero, 554 S.W.3d at 272.
The Texas Rules of Appellate Procedure require this Court to dismiss an appeal 

unless the record contains a written certification showing that the appellant has the right to 

appeal. See TEX. R. APP. P. 25.2(d). The rules also permit amendment of a defective 

certification and prohibit this Court from dismissing an appeal based on the lack of a valid 

certification when we determine that an appellant has a right to appeal. See TEX. R. APP. P. 

25.2(f), 34.5(c)(2), 37.1, 44.4; see also Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. 

App. 2005).

Accordingly, we withdraw this appeal from submission, abate the appeal, and 

remand the cause to the trial court for further proceedings. The trial court is ordered to 

conduct a hearing within 30 days at which a representative of the Harris County District 

Attorney’s Office and appellant’s counsel must be present. 

We order the trial court to:

1) make a finding whether the defendant has the right to appeal under TEX. R.

APP. P. 25.2(a)(2);

2) if necessary, execute an amended certification of appellant’s right to appeal; 

3) make any other findings, conclusions, and recommendations the trial court 

deems appropriate; and

4) enter written findings of fact, conclusions of law, and recommendations as 

to these issues, separate and apart from any docket sheet notations.

See TEX. R. APP. P. 25.2(a)(2), (d), (f), 34.5(a)(12), (c)(2), 37.1.

The trial court shall have a court reporter, or court recorder, record the hearing. The 

trial court clerk is directed to file a supplemental clerk’s record containing the amended 

certification of appellant’s right to appeal, if any, and any other findings, recommendations, 

and orders of the trial court with this Court no later than 45 days from the date of this 

order. See TEX. R. APP. P. 34.5(c)(2). The court reporter is directed to file the reporter’s 

record of the hearing within 55 days of the date of this order.

The appeal is abated, treated as a closed case, and removed from this Court’s active 

docket. The appeal will be reinstated on this Court’s active docket when the supplemental 

clerk’s record is filed with the Clerk of this Court. The court coordinator of the trial court 

shall set a hearing date and notify the parties.

It is so ORDERED.

Judge’s signature: ___/s/ Peter Kelly_____

 Acting individually  Acting for the Court

Date: __July 19, 2022____