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Payton v. State

Fourth Court of Appeals San Antonio, Texas
Dec 22, 2020
No. 04-20-00602-CR (Tex. App. Dec. 22, 2020)

Opinion

No. 04-20-00602-CR

12-22-2020

Cami Jamar PAYTON, Appellant v. The STATE of Texas, Appellee


From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR11974
Honorable Jefferson Moore, Judge Presiding

ORDER

Appellant Cami Payton entered into a plea bargain with the State pursuant to which she pleaded nolo contendere to aggravated robbery with a deadly weapon finding. 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). Appellant filed a notice of appeal, and the district clerk filed a copy of the clerk's record, which includes the trial court's Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). 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.

Here, the clerk's record establishes the punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R. 25.2(a)(2). The record also supports 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 that court of appeals should review clerk's record to determine whether trial court's certification is accurate).

Accordingly, appellant is given notice that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that appellant has the right to appeal is made part of the appellate record by January 21, 2020. See 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.

/s/_________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of December, 2020.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

Payton v. State

Fourth Court of Appeals San Antonio, Texas
Dec 22, 2020
No. 04-20-00602-CR (Tex. App. Dec. 22, 2020)
Case details for

Payton v. State

Case Details

Full title:Cami Jamar PAYTON, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 22, 2020

Citations

No. 04-20-00602-CR (Tex. App. Dec. 22, 2020)