Luis Rene Menendez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2024
• Docket: 02-24-00033-CR
• Status: Published

Opinion

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

No. 02-24-00033-CR ___________________________

LUIS RENE MENENDEZ, Appellant

V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 3 Tarrant County, Texas Trial Court No. 1737000

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Luis Rene Menendez attempts to appeal his felony conviction for the

offense of aggravated sexual assault of a child under the age of fourteen. See Tex.

Penal Code Ann. § 22.021. Pursuant to a charge bargain,1 Menendez pled guilty to

that offense in exchange for the State’s waiving the remaining counts in the

indictment, including one count of continuous sexual abuse of a child under the age

of fourteen and three counts of indecency with a child by sexual contact; waiving the

sex-offender notice; and recommending that punishment be assessed at 15 years’

confinement. As part of his written plea agreement, Menendez waived any right of

appeal, and he was admonished that if the trial court followed the plea agreement, he

would have to obtain permission from the trial court before he could “prosecute an

appeal on any matter in the case except for matters raised by written motion filed

prior to trial.”

In accordance with the parties’ agreement, the trial court found Menendez

guilty and sentenced him to 15 years’ confinement. The trial court’s certification of

defendant’s right of appeal, which was signed by Menendez, states that this “is a plea-

bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P.

25.2(a)(2), (d). The trial court also certified that Menendez “has waived the right of

appeal.”

1 See Harper v. State, 567 S.W.3d 450, 454 (Tex. App.—Fort Worth 2019, no pet.) (discussing charge bargains).

2 After receiving a copy of Menendez’s notice of appeal, we notified Menendez

that we had received the trial court’s certification stating that this is a plea-bargain

case, that he has no right of appeal, and that he waived the right of appeal. We warned

him that this appeal could be dismissed unless he or another party filed a response

showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. We have

received no response.

Thus, in accordance with the trial court’s certification, we dismiss the appeal

for lack of jurisdiction. See Tex. R. App. P. 25.2(d), 43.2(f).

Per Curiam

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

Delivered: March 21, 2024