Opinion
04-23-00224-CR
05-03-2023
Frank Demrius COLLASO, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022-CR-7423 Honorable Melisa C. Skinner, Judge Presiding
Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
Appellant Frank Demrius Collaso entered into a plea bargain with the State pursuant to which he pleaded nolo contendere to the offense of aggravated assault with a deadly weapon. The trial court's certification in this appeal states: "[T]his criminal case is a plea-bargain case, and the defendant has NO right of appeal" and "[T]he defendant has waived the right of appeal."
"In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the trial court's permission to appeal, or (C) where the specific appeal is expressly authorized by statute." Tex.R.App.P. 25.2(a)(2). The clerk's record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. The clerk's record does not include a written motion filed and ruled upon before trial, nor does it indicate the trial court gave its permission to appeal or that this appeal is expressly authorized by statute. See id. The trial court's certification, therefore, appears to accurately reflect that this is a plea-bargain case and appellant does not have a right to appeal. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005) (holding court of appeals should review clerk's record to determine whether trial court's certification is accurate).
We must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Tex.R.App.P. 25.2(d). On March 24, 2023, we issued an order stating this appeal would be dismissed unless an amended trial court certification was made part of the appellate record. See Tex. R. App. P. 25.2(d); Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, no pet.). On March 28, 2023, appellant's court-appointed counsel filed a response stating that the trial court had denied appellant's request for an amended certification. Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).