Opinion
04-24-00277-CR
05-22-2024
Brandyn GARCIA, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR2903 Honorable Christine Del Prado, Judge Presiding
ORDER
Liza A. Rodriguez, Justice.
Pursuant to a plea bargain agreement, appellant pled nolo contendere to two counts of indecency with a child by contact and was sentenced to ten years in prison in accordance with the terms of his plea-bargain agreement. The trial court signed judgments of conviction stating that sentence was imposed on March 28, 2024. The trial court also signed a certification of defendant's right of appeal stating, "this criminal case is a plea-bargain case, and the defendant has NO right of 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, (B) after getting the trial court's permission to appeal, or (C) where the specific appeal is expressly authorized by statute." Tex.R.App.P. 25.2(a)(2). Here, the clerk's record, which contains a written plea bargain, establishes that the punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. The clerk's record does not contain a written motion filed and ruled upon before trial; nor does it show that the trial court gave appellant permission to appeal. See id. Furthermore, no statute expressly authorizes this appeal. See id. The trial court's certification, therefore, appears to accurately reflect that this is a plea-bargain case and that appellant does not have the 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).
Accordingly, this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that appellant has the right of appeal is made part of the appellate record by June 24, 2024. See Tex. R. App. P.25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App-San Antonio 2003, order).