Frank Demrius Collaso v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 3, 2023
• Docket: 04-23-00224-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00224-CR

Frank Demrius COLLASO, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022-CR-7423 Honorable Melisa C. Skinner, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: May 3, 2023

DISMISSED

Appellant Frank Demrius Collaso entered into a plea bargain with the State pursuant to

which he pleaded nolo contendere to the offense of aggravated assault with a deadly weapon. The

trial court’s certification in this appeal states: “[T]his criminal case is a plea-bargain case, and the

defendant has NO right of appeal” and “[T]he defendant has waived the right of appeal.”

“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.” TEX. R. APP. P. 04-23-00224-CR

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 or that this appeal

is expressly authorized by statute. 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. See

Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005) (holding court of appeals should

review clerk’s record to determine whether trial court’s certification is accurate).

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). On March 24, 2023, 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); Daniels v. State, 110 S.W.3d

174 (Tex. App.—San Antonio 2003, no pet.). On March 28, 2023, appellant’s court-appointed

counsel filed a response stating that the trial court had denied appellant’s request for an amended

certification. Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).

DO NOT PUBLISH

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