Opinion
No. 04-17-00134-CR No. 04-17-00135-CR No. 04-17-00136-CR
04-10-2017
Samuel Matthew RAMOS, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR4321, 2016CR10748 & 2016CR10749
Honorable Steve Hilbig, Judge Presiding
ORDER
Pursuant to a plea-bargain agreement, appellant pleaded guilty to the offense of robbery in Cause Nos. 2016CR4321, 2016CR10748, and 2016CR10749. The trial court assessed punishment at twenty years' imprisonment with a $2,000 fine in accordance with the terms of appellant's plea-bargain agreements in each cause number to be served concurrently. On February 21, 2017, the trial court signed certifications of defendant's right to appeal stating that these are "plea-bargain case[s], and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). After appellant filed notices of appeal, the trial court clerk sent copies of the certifications and notices of appeal to this court. See id. 25.2(e). The clerk's records, which include the trial court's Rule 25.2(a)(2) certifications, have 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, or (B) after getting the trial court's permission to appeal." Id. 25.2(a)(2). The clerk's records, which contain a written plea bargain, establish the punishment assessed by the court in each cause does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. The clerk's records do not include written motions filed and ruled upon before trial; nor do they indicate the trial court gave its permission to appeal. See id. The trial court's certifications, therefore, appear to accurately reflect that these are plea-bargain cases and that appellant 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).
These appeals will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless amended trial court certifications showing that appellant has the right to appeal are made part of the appellate record by May 10, 2017. 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.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court