Christopher Acosta v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 4, 2024
• Docket: 04-24-00412-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00412-CR

Christopher ACOSTA, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR1657 Honorable Stephanie R. Boyd, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: September 4, 2024

DISMISSED

The trial court’s certification in this appeal states that this criminal case, “is a plea-bargain

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

appeal.”

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure provides:

In a plea bargain case—that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only:

(A) those matters that were raised by written motion filed and ruled on before trial, 04-24-00412-CR

(B) after getting the trial court’s permission to appeal, or

(C) where the specific appeal is expressly authorized by statute.

TEX. R. APP. P. 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 the defendant. See id. The clerk’s record does not include a written

motion filed and ruled upon before trial, nor does it indicate the trial court gave its permission to

appeal. See id. Appellant has not identified with this court any statute that expressly authorizes

the specific appeal. See id. The trial court’s certification, therefore, appears to accurately reflect

that this is a plea-bargain case and 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 stating

this appeal would be dismissed unless an amended trial court certification was made part of the

appellate record. See TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.

2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). Appellant

responded to our order, stating that the trial court denied his request to amend the certification to

allow him to appeal. Because no amended trial court certification has been filed, we dismiss this

appeal pursuant to Rule 25.2(d).

DO NOT PUBLISH

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