Opinion
04-24-00618-CR
09-23-2024
Noah Zachary KAISER, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 13, Bexar County, Texas Trial Court No. 729703 Honorable Melisa C. Skinner, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Pursuant to a plea-bargain agreement, appellant Zackary Noah Kaiser pled nolo contendere to assault bodily injury and was sentenced to nine months' probation in accordance with the terms of his plea-bargain agreement. On July 12, 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 Kaiser 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 Rule 25.2(a)(2) 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 Kaiser. 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 Kaiser 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).
This appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification showing that Kaiser has the right to appeal is made part of the appellate record by October 23, 2024. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App-San Antonio 2003, order).
We ORDER all appellate deadlines be suspended until further order of the court.