Jesus Ramirezrosales v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 1, 2024
• Docket: 02-24-00185-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-24-00185-CR No. 02-24-00186-CR ___________________________

JESUS RAMIREZROSALES, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 396th District Court Tarrant County, Texas Trial Court Nos. 1798140, 1799933

Before Birdwell, Bassel, and Womack, JJ. Memorandum Opinion by Justice Birdwell MEMORANDUM OPINION

Appellant Jesus Ramirezrosales attempts to appeal his two convictions, but he

waived his right to appeal in each case as part of his plea bargains with the State.

“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. 25.2(a)(2); see Tex. Code Crim. Proc. Ann. art. 44.02. The

trial court must file a certification of the defendant’s right to appeal, clarifying whether

the case involved a plea bargain and the defendant waived his right to appeal. See Tex.

R. App. P. 25.2(a)(2), (d).

Appellant’s judgments of conviction reflect that, in both of his cases, he

pleaded guilty and the trial court sentenced him in accordance with the “Terms of

[his] Plea Bargain.” The plea-bargain paperwork accompanying these judgments—

paperwork that was signed by both Appellant and his trial counsel—further confirms

that Appellant “waive[d] all rights of appeal.” And the trial court’s certifications show

this as well, stating that “the defendant has waived the right of appeal” and that the

cases are “plea-bargain case[s], and the defendant has NO right of appeal.” See id.

Because a criminal appeal “must be dismissed 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 warned Appellant via letter that we would dismiss his appeals unless,

2 within ten days, he showed grounds for continuing them.1 See Tex. R. App. P.

25.2(d), 44.3. We received no response.

Accordingly, we dismiss the appeals based on the trial court’s certifications. See

Tex. R. App. P. 25.2(d), 43.2(f).

/s/ Wade Birdwell

Wade Birdwell Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: August 1, 2024

1 Our initial letter to Appellant was returned to us, so we obtained updated contact information for him and re-sent the letter to his new address. More than a month has passed since we sent the second letter, and it has not been returned.