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Adelanke Samuel Alake v. State
Citation: Not availableDocket: 05-13-01606-CR
Court: Court of Appeals of Texas; November 19, 2014; Texas; State Appellate Court
Original Court Document: View Document
Adelanke Samuel Alake, the appellant, pleaded no contest to aggravated sexual assault of a child under 14 years. The trial court sentenced him to twelve years’ imprisonment after finding sufficient evidence of guilt. Although the trial court's Rule 25.2(a)(2) certification indicated this was not a plea-bargain case, the appellate record suggested otherwise, as an agreement existed between the State and Alake regarding the trial process and sentencing cap. During the trial, Alake waived his right to a jury, and the court and State agreed on a punishment range of probation to 20 years if guilt was established beyond a reasonable doubt. The sentencing hearing revealed that the State sought the maximum sentence, affirming the existence of a plea agreement, which is considered a plea-bargain under Texas law. Consequently, Alake could only appeal specific pretrial motions or with the trial court's permission, neither of which was documented in the record. The appellate court found the certification defective due to its inaccuracy regarding the plea-bargain status. It ordered the trial court to amend the certification to accurately reflect the proceedings and to transmit a corrected certification within 30 days. The appeal is abated pending compliance with this order, set to be reinstated either 30 days from the order date or upon receipt of the supplemental record.