Opinion
No. 04-17-00475-CR
08-08-2017
Michael Dean RACHALL, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR6453
Honorable Sarah Garrahan-Moulder, Judge Presiding
ORDER
Pursuant to a plea-bargain agreement, appellant pleaded nolo contendere to possession of a controlled substance in trial court Cause Nos. 2016CR6452 and 2016CR2653. Appellant was sentenced to eight years' imprisonment with a $1,500.00 fine in each cause in accordance with the terms of his plea-bargain agreement. On June 13, 2017, the trial court signed certifications of defendant's right to appeal 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). After appellant filed notices of appeal, the trial court clerk sent copies of the certifications and notices of appeal to this court. See id. 25.2(e). The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See id. 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." Id. 25.2(a)(2). The clerk's records, which contain written plea bargains, establish 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 records do not include written motions filed and ruled upon before trial; nor do the records indicate that the trial court gave its permission to appeal. See id. The trial court's certifications, therefore, appear to accurately reflect that these are plea-bargain cases and that appellant does not have a right to appeal. 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." Id. 25.2(d).
These appeals will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless amended trial court certifications showing that appellant has the right to appeal are made part of the appellate record in each appeal by September 7, 2017. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order).
We ORDER all appellate deadlines be suspended until further order of the court.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk