Opinion
No. 04-20-00422-CR
12-02-2020
Matthew HOGAN, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR13464
Honorable Jefferson Moore, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice
Appellant entered into a plea bargain with the State, and pled nolo contendere to a felony offense. The trial court imposed sentence in accordance with the agreement and signed a certificate 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 establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2).
On September 11, 2020, appellant was given notice that this appeal would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless he (1) filed a written response, establishing that this is not a plea bargain case or that he has a right to appeal under Rule 25.2(a)(2)(A)-(C), or (2) obtained an amended certification from the trial court that states appellant has the right to appeal and causes it to be made part of the appellate record. See TEX. R. APP. P. 25.2(d); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order) (en banc), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication). Our order also suspended all appellate deadlines until further order of the court. Appellant did not respond to this court's September 11, 2020, order; therefore, on October 21, 2020, this appeal was dismissed.
On October 21, 2020, appellant's appointed counsel, Mr. Michael D. Robbins, filed a motion for rehearing in which he stated appellant "recall[ed] that the trial court orally granted him permission to appeal." Mr. Robbins asserted complete reporter's records from the February 3, 2020 plea hearing and the July 29, 2020 sentencing hearing were necessary to determine whether permission was granted and any appealable issues were raised at those hearings. This court held the motion for rehearing in abeyance and ordered the reporter's records from the plea hearing and the sentencing hearing to be filed with this court.
During the plea hearing, the trial court informed appellant he would lose the right to appeal unless the court granted him permission to appeal. During the sentencing hearing, the court informed appellant that he did not have the right to appeal. Because the record demonstrates appellant was not granted permission to appeal, appellant's motion for rehearing is DENIED.
It is so ORDERED on December 2, 2020.
PER CURIAM
ATTESTED TO: /s/_________
Michael A. Cruz,
Clerk of Court