                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                               ___________________

                                NO. 09-13-00059-CR
                               ___________________

                 RODNEY DWAYNE CLEVELAND, Appellant

                                          V.

                  THE STATE OF TEXAS, Appellee
_________________________________________________________________ _

                On Appeal from the 252nd District Court
                       Jefferson County, Texas
                        Trial Cause No. 94049
_________________________________________________________________ _

                                       ORDER

      Appellant Rodney Dwayne Cleveland filed a motion for rehearing of our

opinion of March 6, 2013. The opinion dismissed Cleveland’s appeal because the

trial court entered a certification of Cleveland’s right to appeal, certifying that this

is a plea-bargain case and that Cleveland has no right of appeal. See Tex. R. App.

P. 25.2(a)(2). The Court requested a response from the State. In its response, the

State indicates that Cleveland’s appeal involved revocation of community


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supervision, which is not a plea bargain case, and the State also explains that “there

is no indication that the defendant waived his right of appeal.” Upon reviewing the

newly-filed clerk’s record, we agree with the State.

      For these reasons, we grant Cleveland’s motion for rehearing, set aside our

opinion of March 6, 2013, and reinstate Cleveland’s appeal. See Dears v. State,

154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005) (An appellate court has the ability

to examine a certification for defectiveness.); Waters v. State, 124 S.W.3d 825, 826

(Tex. App.—Houston [14th Dist.] 2003, pet. ref’d) (Recitations in a certification of

the right to appeal must be true and supported by the record.). The reporter’s

record is due June 3, 2013.

      ORDER ENTERED MAY 2, 2013.

                                                       PER CURIAM


Before McKeithen, C.J., Gaultney and Horton, JJ.




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