Francisco Javier Garcia Ventura v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 10, 2024
• Docket: 04-23-01028-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-01028-CR

Francisco Javier GARCIA VENTURA, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR11087 Honorable Kristina Escalona, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: January 10, 2024

DISMISSED

Pursuant to a plea-bargain agreement, Francisco Garcia Ventura pled nolo contendere to

murder and was sentenced to forty years and a $1,200.00 fine in accordance with the terms of his

plea-bargain agreement. On August 7, 2023, 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 Ventura 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 Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d). 04-23-01028-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

Ventura. 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

Ventura 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 therefore warned Garcia Ventura that this appeal would be dismissed pursuant to Texas

Rule of Appellate Procedure 25.2(d) unless an amended trial court certification showing that he

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). Garcia Ventura’s court-

appointed counsel has filed a written response agreeing that this is a plea-bargain case and Garcia

Ventura does not have the right to appeal. Therefore, we dismiss this appeal. See TEX. R. APP. P.

25.2(d).

Do not publish

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