Opinion
04-21-00429-CR
12-15-2021
Reginald Eugene WILLIAMS, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR8205 Honorable Catherine Torres-Stahl, Judge Presiding
Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice.
MEMORANDUM OPINION
PER CURIAM
DISMISSED
Pursuant to a plea-bargain agreement, appellant pleaded nolo contendere to one count of online solicitation of a minor and was placed on deferred adjudication community supervision. The trial court signed a certification of defendant's right to appeal stating that this "is a pleabargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). Appellant subsequently filed a notice of appeal from the order placing him on deferred adjudication community supervision.
"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). In Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006), the court of criminal appeals held that "in a plea-bargain case for deferred adjudication community supervision, the plea bargain is complete at the time the defendant enters his plea of guilty in exchange for deferred adjudication community supervision." Thus, Texas Rule of Appellate Procedure 25.2(a)(2) "will restrict appeal [] when the defendant appeals his placement on deferred adjudication community supervision pursuant to the original plea." Id. According to the court, "[u]nder this circumstance, the trial judge certifying the defendant's right of appeal may designate the case on the certification form as 'a plea-bargain case, and the defendant has NO right of appeal.'" Id. If, however, the defendant filed written motions that were ruled on before his placement on deferred adjudication community supervision pursuant to Rule 25.2(a)(2)(A), or obtained permission from the trial court to appeal his placement on deferred adjudication community supervision pursuant to Rule 25.2(a)(2)(B), then he would have a right to appeal. Id.
Here, the clerk's record, which contains a written plea-bargain agreement, establishes that in placing appellant on deferred adjudication community supervision, the trial court complied with the plea-bargain agreement. Further, 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. The trial court's certification, therefore, appears to accurately reflect that this is a plea-bargain case 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." TEX. R. APP. P. 25.2(d).
We issued an order warning appellant that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that appellant had the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order). Appellant filed a response to our order, stating that he asked the trial court to amend its certification and grant him permission to appeal, but these requests were denied. Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).