Opinion
No. 04-13-00828-CR
12-12-2013
Saul Matthew CASTILLO, Appellant v. THE STATE OF TEXAS, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR10721
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
The trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." On December 2, 2013, we ordered Appellant to show cause in writing why this appeal should not be dismissed.
On December 9, 2013, Appellant advised this court that the trial court likely pronounced in open court at the sentencing hearing on October 17, 2013, that Appellant has the right to appeal a pre-trial ruling under Franks v. Delaware, 438 U.S. 154 (1978). See generally Cates v. State, 120 S.W.3d 452, 355-59 (Tex. Crim. App. 2003) (discussing a Franks hearing).
We ORDER the court reporter to prepare and file with this court a record of the sentencing hearing held on October 17, 2013. The reporter must file the record within TEN DAYS of the date of this order.
All other appellate deadlines remain SUSPENDED pending further order of this court.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of December, 2013.
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Keith E. Hottle
Clerk of Court