From Casetext: Smarter Legal Research

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 3, 2024
No. 04-24-00277-CR (Tex. App. Jul. 3, 2024)

Opinion

04-24-00278-CR

07-03-2024

Brandyn GARCIA, Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR11610 Honorable Christine Del Prado, Judge Presiding

Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

DISMISSED

Pursuant to a plea-bargain agreement, Brandyn Garcia pled nolo contendere to three counts of aggravated sexual assault and was sentenced to forty years in prison in accordance with the terms of his plea-bargain agreement. On March 28, 2024, the trial court signed a certification 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 Garcia filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk's record, which includes the trial court's 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, (B) after getting the trial court's permission to appeal, or (C) where the specific appeal is expressly authorized by statute." Id. 25.2(a)(2). The clerk's record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by Garcia. See id. The clerk's record does not include a written motion filed and ruled upon before trial; nor does it indicate that the trial court gave its permission to appeal. See id. Thus, the trial court's certification appears to accurately reflect that this is a plea-bargain case and that Garcia 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).

We informed Garcia that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification showing that Garcia had the right to appeal was made part of the appellate record. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order). No such amended trial court certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).


Summaries of

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 3, 2024
No. 04-24-00277-CR (Tex. App. Jul. 3, 2024)
Case details for

Garcia v. State

Case Details

Full title:Brandyn GARCIA, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 3, 2024

Citations

No. 04-24-00277-CR (Tex. App. Jul. 3, 2024)