Opinion
04-24-00778-CR
11-25-2024
Lance Segura CRAYTON, Appellant v. The STATE of Texas, Appellee
From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR6235 Honorable Jennifer Peña, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Appellant pled guilty to possession of a controlled substance 1 to 4 grams and was sentenced within the terms of a plea bargain. Appellant filed a pro se notice of appeal. The trial court's Certification of Defendant's Right of Appeal states 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 a written waiver of appeal, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by appellant; therefore, the trial court's certification accurately reflects that appellant's case is a plea bargain case, and appellant does not have a right of appeal. See Tex. R. App. P. 25.2(a)(2).
In reviewing the clerk's record filed in this court, we acknowledge that on April 22, 2024, the State filed a motion to revoke appellant's community supervision. However, we note that the record does not contain a final appealable order on the State's motion nor a subsequent Rule 25.2 certification from the trial court certifying appellant's right to 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, 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 appellant 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 appellant has the right of appeal has been made part of the appellate record by December 27, 2024. 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of November, 2024.