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Garza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 20, 2006
No. 04-06-00774-CR (Tex. App. Dec. 20, 2006)

Opinion

No. 04-06-00772-CR.

December 20, 2006. Do not publish

Appeal from the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-0913 Honorable Mary Roman, Judge Presiding.

Sitting: SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


Joel Chavez Garza pleaded guilty to theft pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement and signed a certificate stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). Garza timely filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See Tex. R. App. P. 25.2(d). "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, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). The clerk's record, which contains a written plea bargain agreement, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). The clerk's record does not include a written motion filed and ruled upon before trial; nor does it indicate the trial court gave Garza permission to appeal. The trial court's certification therefore appears to accurately reflect that this is a plea bargain case and Garza does not have a right to appeal. This court 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 November 29, 2006, we notified Garza the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by December 29, 2006. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication). On December 6, Garza's court-appointed counsel responded to our order, stating that after reviewing the record, counsel "can find no right of appeal for appellant" and indicating that no amended trial court certification would be filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).


Summaries of

Garza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 20, 2006
No. 04-06-00774-CR (Tex. App. Dec. 20, 2006)
Case details for

Garza v. State

Case Details

Full title:Joel Chavez GARZA, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Dec 20, 2006

Citations

No. 04-06-00774-CR (Tex. App. Dec. 20, 2006)