Ana Victoria Ramirez v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00668-CR

Ana Victoria RAMIREZ, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR2717 Honorable Stephanie R. Boyd, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: March 15, 2023

DISMISSED

Pursuant to a plea-bargain agreement, appellant Ana Victoria Ramirez pleaded nolo

contendere to one count of injury to a child and, in accordance with the terms of her plea-bargain

agreement, was sentenced to four years’ imprisonment and a fine of $1,500.00. On August 30,

2022, the trial court signed a certification of defendant’s right to appeal stating this “is a plea-

bargain case, and the defendant has NO right of appeal” and “the defendant has waived the right

of appeal.” See TEX. R. APP. P. 25.2(a)(2). After Ramirez filed a notice of appeal, the trial court 04-22-00668-CR

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 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 Ramirez.

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 Ramirez 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).

On February 1, 2023, we informed Ramirez that this appeal would be dismissed pursuant

to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended trial court

certification showing that Ramirez has 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, 177 (Tex. App.—San

Antonio 2003, order). To date, no such amended trial court certification has been filed. Therefore,

this appeal is dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure.

Do not publish

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