Brandyn Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 3, 2024
• Docket: 04-24-00277-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00277-CR

Brandyn GARCIA, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR2903 Honorable Christine Del Prado, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: July 3, 2024

DISMISSED

Pursuant to a plea-bargain agreement, Brandyn Garcia pled nolo contendere to two counts

of indecency with a child by contact and was sentenced to ten years in prison in accordance with

the terms of his plea-bargain agreement. On March 28, 2024, the trial court signed a certification

of defendant’s right to appeal stating that this “is a plea-bargain case, and the defendant has NO

right of appeal.” See TEX. R. APP. P. 25.2(a)(2). After Garcia filed a notice of appeal, the trial court

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). 04-24-00277-CR

“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 Garcia.

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 that Garcia 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).

We informed Garcia that this appeal would be dismissed pursuant to Texas Rule of

Appellate Procedure 25.2(d) unless an amended trial court certification showing that Garcia 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). No such amended trial court

certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).

DO NOT PUBLISH

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