Opinion
04-23-00925-CR
11-08-2023
Pedro MALDONADO MORALES, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR9135 Honorable Christine Del Prado, Judge Presiding
Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice
MEMORANDUM OPINION
PER CURIAM
Appellant Pedro Maldonado Morales entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to the charged offense. The trial court imposed a sentence on October 3, 2023 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). This court 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. The clerk's record includes the written plea bargain agreement which includes a waiver of the right to appeal those matter that were raised by written motion filed and ruled on before trial. See id. 25.2(a)(2). The record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. 25.2(a)(2). The record also appears to support the trial court's certification that appellant does not have a right to appeal. See 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).
On October 24, 2023, we ordered appellant to file a response establishing an amended certification showing he has the right to appeal has been made part of the appellate record. See Tex. R. App. P. 25.2(d), 37.1. We advised appellant that if a supplemental clerk's record was required to show he has the right to appeal, he was required to request a supplemental record from the trial court clerk and file a copy of the request with this court. Finally, we admonished appellant that a failure to satisfactorily respond to this order within the time provided would result in the dismissal of this appeal.
On October 30, 2023, appellant's counsel filed a response to our order agreeing appellant entered into a plea bargain with the State, appellant pleaded nolo contendere in accordance with the plea bargain, the trial court imposed a sentence in accordance with the agreement, and the signed certificate stated appellant had no right of appeal.
Accordingly, we dismiss this appeal. See id. 25.2(d); see also Ex Parte Torres, 483 S.W.3d 35 (Tex. Crim. App. 2016) (addressing Padilla v. Kentucky ineffective assistance claim via habeas appeal).