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Barron v. State

Fourth Court of Appeals San Antonio, Texas
Apr 7, 2015
No. 04-15-00200-CR (Tex. App. Apr. 7, 2015)

Opinion

No. 04-15-00200-CR

04-07-2015

Monte Lorre BARRON, Appellant v. THE STATE OF TEXAS, Appellee


From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR4567
Honorable Lori I. Valenzuela, Judge Presiding

ORDER

Defendant pled nolo contendre to indecency by contact with a child and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. After the trial court rendered its Order of Deferred Adjudication, the court signed a Certification of Defendant's Right of Appeal stating this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by defendant; therefore, the trial court's certification accurately reflects that defendant's case is a plea bargain case and defendant does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2).

"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 does not contain a written motion ruled on before trial nor does it indicate the trial court granted defendant permission to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made a part of the record." TEX. R. APP. P. 25.2(d).

It is therefore ORDERED this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification that shows defendant has the right of appeal has been made part of the appellate record by May 6, 2015. See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1.

All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

/s/_________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of April, 2015.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Barron v. State

Fourth Court of Appeals San Antonio, Texas
Apr 7, 2015
No. 04-15-00200-CR (Tex. App. Apr. 7, 2015)
Case details for

Barron v. State

Case Details

Full title:Monte Lorre BARRON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 7, 2015

Citations

No. 04-15-00200-CR (Tex. App. Apr. 7, 2015)