Laura C. Bustamante v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 8, 2022
• Docket: 04-22-00809-CR
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas December 8, 2022

No. 04-22-00809-CR

Laura C. BUSTAMANTE, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR0019 Honorable Melisa C. Skinner, Judge Presiding

ORDER Appellant Laura Bustamante entered into a plea bargain with the State, pursuant to which she pleaded guilty to the charged offense. The trial court imposed a sentence on October 13, 2022 in accordance with the agreement and signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The clerk’s record includes the written plea bargain agreement. See id. 25.2(d). This court 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. The record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. 25.2(a)(2). The record also appears to support the trial court’s certification that Appellant does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding court of appeals should review clerk’s record to determine whether trial court’s certification is accurate).

We therefore order appellant to file a response, by December 28, 2022, establishing an amended certification showing she has the right to appeal has been made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1. If a supplemental clerk’s record is required to show appellant has the right to appeal, appellant must request a supplemental record from the trial court clerk and file a copy of the request with this court. If appellant fails to satisfactorily respond to this order within the time provided, the appeal will be dismissed.

We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record and the court reporter. FILE COPY

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of December, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court