Opinion
04-24-00608-CR
11-25-2024
Steven John GONZALES, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR9699 Honorable Joel Perez, Judge Presiding
ORDER
Lori Massey Brissette, Justice
On September 11, 2024, this court received a notice of appeal for Appellant Steven John Gonzales, in a negotiated plea case. The trial court's certification incorrectly states that Appellant's is not a plea-bargain case. Appellant did not indicate whether the trial court granted permission to appeal. The trial court's judgment was pronounced on August 26, 2024.
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 the defendant. See Tex. R. App. P. 25.2(a)(2).
In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-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 court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal." Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
We order Appellant to show cause in writing within twenty days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Chavez, 183 S.W.3d at 680. If Appellant fails to respond as ordered, this appeal will be dismissed without further notice. See Tex. R. App. P. 42.3(c).
All other appellate deadlines are suspended pending further order of this court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of November, 2024.