Dorian Angel Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 17, 2021
• Docket: 04-21-00439-CR
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas December 17, 2021

No. 04-21-00439-CR

Dorian Angel GARCIA, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CR-2166 Honorable Catherine Torres-Stahl, Judge Presiding

ORDER

Pursuant to a plea-bargain agreement, appellant pleaded nolo contendere to one count of possession with intent to deliver a controlled substance (heroin) in an amount of one gram or more but less than four grams. The trial court assessed punishment at four years in prison. On August 10, 2021, 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).

Generally, in a plea bargain case, a defendant may appeal only: (1) those matters that were raised by written motion filed and ruled on before trial, (2) after getting the trial court’s permission to appeal, or (3) where the specific appeal is expressly authorized by statute. See id. 25.2(a)(2)(A),(B), (C). 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 that the trial court gave its permission to appeal. See id. 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.” Id. 25.2(d).

This appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that appellant has the right to appeal is made part of the appellate record on or before January 7, 2022. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). FILE COPY

We ORDER all appellate deadlines be suspended until further order of the court.

_________________________________ Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of December, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court