Opinion
04-23-01094-CR
01-09-2024
Henry Benjamin JONES, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR3051 Honorable Joel Perez, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On December 13, 2023, appellant Henry Benjamin Jones filed a pro se notice of appeal seeking to appeal his conviction of assault for family violence by strangulation. After Jones filed his notice of appeal, the district clerk filed a copy of the clerk's record showing Jones entered into a written plea bargain agreement with the State pursuant to which he pled nolo contendere. The clerk's record further shows the trial court imposed sentence in accordance with the agreement and signed a certification stating this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).
"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. R. 25.2(a)(2). 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. R. 25.2(d). Here, the clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by Jones. It also does not include a written motion filed and ruled upon before trial; nor does it indicate the trial court gave Jones permission to appeal. Thus, the trial court's certification appears to accurately reflect this is a plea-bargain case and Jones does not have a right to appeal. See id. R. 25.2; Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding court of appeals should review clerk's record to determine whether trial court's certification is accurate).
Accordingly, Jones is given notice this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended certification showing he has the right to appeal is made part of the appellate record by February 8, 2024. See id. Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref d) (not designated for publication).
We order all appellate deadlines are suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record and the court reporter.