Opinion
No. 04-16-00098-CR
05-18-2016
AnnaMarie Salinas Jeitani, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR3588
Honorable Steve Hilbig, Judge Presiding
ORDER
The trial court's certification in this appeal states that "the defendant has waived the right of appeal." The clerk's record reflects that in her plea-bargain agreement, the defendant signed the following "Waiver of Appeal":
I understand that upon my plea of guilty or nolo contendere, where punishment does not exceed that recommended by the prosecutor and agreed to by me, my right to appeal will be limited to only: (1) those matters that were raised by written motion filed and ruled on before trial, or (2) other matters on which the trial court gives me permission to appeal. I understand that I have this limited right to appeal. However, as part of my plea-bargain agreement in this case, I knowingly and voluntarily waive my right to appeal under (1) and (2) in exchange for the prosecutor's recommendation, provided that the punishment assessed by the court does not exceed our agreement.In reviewing the clerk's and reporter's record, we note that although the plea-bargain agreement did not provide for a fine, the trial court assessed a fine of $10,000. Therefore, there appears to be a question as to whether the punishment assessed by the court exceeded the punishment recommended by the prosecutor and agreed to by the defendant. Thus, the trial court's certification might be defective. However, 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." TEX. R. APP. P. 25.2(d).
This appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that the defendant has the right to appeal is made part of the appellate record by June 17, 2016. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); Esparza v. State, No. 04-03-00681-CR, 2003 WL 22899788 (Tex. App.—San Antonio Dec. 10, 2003, no pet. h.) (not designated for publication).
We ORDER all appellate deadlines be suspended until further order of the court.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court