Jose Raul Reyna v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 26, 2023
• Docket: 10-23-00200-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00200-CR

JOSE RAUL REYNA, Appellant v.

THE STATE OF TEXAS, Appellee

From the 278th District Court Leon County, Texas Trial Court No. 20-0019CR

MEMORANDUM OPINION

Appellant, Jose Raul Reyna, filed his pro se notice of appeal on May 4, 2023 in an

attempt to appeal the trial court's purported denial of his pre-trial motion to suppress.

Because Reyna expressly waived the right of appeal, we dismiss this appeal.

Texas Rule of Appellate Procedure 25.2(a)(2)(A) grants defendants who plead

guilty as part of a plea bargain the right to appeal matters that were raised by written

motion filed and ruled on before trial. TEX. R. APP. P. 25.2(a)(2)(A). Reyna alleges that he filed a written motion to suppress that the trial court denied before trial. Thus, under

Rule 25.2(a)(2)(A), Reyna had the right to bring an appeal. However, a defendant may

waive this right, as long as the waiver is made "voluntarily, knowingly, and intelligently."

TEX. CODE CRIM. PROC. ANN. art. 1.14(a); Marsh v. State, 444 S.W.3d 654, 660 (Tex. Crim.

App. 2014). When an appellant waives his right to appeal as part of his plea bargain

agreement with the State, a subsequent notice of appeal filed by him fails to "initiate the

appellate process." Lundgren v. State, 434 S.W.3d 594, 599 (Tex. Crim. App. 2014).

The trial court signed a Certification of Defendant's Right of Appeal, indicating

that this "is a plea bargain case, and the defendant has NO right of appeal" and "the

defendant has waived the right of appeal." That same document includes a section signed

by Reyna stating, "I have received a copy of this certification. I have also been informed

of my rights concerning any appeal of this criminal case . . . . " Accordingly, Reyna waived

his right to appeal from the ruling on his pretrial motion to suppress. See Marsh, 444

S.W.3d at 660.

When the defendant is the appellant, the record must include the trial court's

certification of the defendant's right of appeal. See TEX. R. APP. P. 25.2(d). Absent a trial

court's certification of appellant's right of appeal showing Reyna has the right of appeal,

we must dismiss this appeal. See id; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim.

App. 2006) (held that court of appeals "must dismiss a prohibited appeal without further

action, regardless of the basis for the appeal" if the trial court's certification shows there

Reyna v. State Page 2 is no right to appeal). Because the trial court's certification shows there is no right to

appeal, this appeal is dismissed.

STEVE SMITH Justice

Before Chief Justice Gray Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed July 26, 2023 Do not publish [CR25]

Reyna v. State Page 3