Opinion
04-24-00412-CR
08-15-2024
Christopher ACOSTA, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR1657 Honorable Stephanie R. Boyd, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice.
On May 28, 2024, appellant Christopher Acosta was convicted of the offense of driving while intoxicated and sentenced pursuant to a plea agreement. See Tex. Penal Code Ann. §§ 49.04(a); 49.09(b)(2). On June 17, 2024, appellant filed a notice of appeal. 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," and "the defendant has waived the right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by September 16, 2024, showing appellant has the right of appeal. See Tex. R. App. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, no pet.).
All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.