Martin Tovar Campos v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2023
• Docket: 10-23-00152-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00152-CR

MARTIN TOVAR CAMPOS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 249th District Court Johnson County, Texas Trial Court No. 202100429

MEMORANDUM OPINION

In trial court cause number DC-F202100429, appellant, Martin Tovar Campos, was

charged by indictment with one count of assault family violence by occlusion and forgery

of a government document. On May 15, 2023, Campos filed a motion to dismiss the

indictment in trial court cause number DC-F202100429 for want of prosecution and for

violating his right to a speedy trial. Campos alleges that the trial court denied his motion

to dismiss. Thereafter, Campos entered into a plea agreement with the State, whereby he pleaded guilty to one count of forgery of a government document in exchange for the

State waiving the one count of assault family violence by occlusion and dismissing the

indictment in a separate trial court cause number—DC F202300103. The trial court signed

a certification of Campos’s right to 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.” Nevertheless, Campos has filed a notice of appeal challenging the trial court’s

purported denial of his motion to dismiss the indictment in trial court cause number DC-

F202100429.

We must dismiss an appeal “without further notice, regardless of the basis for the

appeal” if the trial court’s certification shows there is no right to appeal. See Chavez v.

State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Monreal v. State, 99 S.W.3d 615, 622 (Tex.

Crim. App. 2003) (holding that an appellant who has executed a waiver of appeal,

whether negotiated or not, could not appeal without securing the permission of the trial

court). Because the trial court’s certification shows there is no right to appeal, this appeal

is dismissed.

STEVE SMITH Justice

Campos v. State Page 2 Before Chief Justice Gray, Justice Johnson, and Justice Smith (Chief Justice Gray concurring without a note) Dismissed Opinion delivered and filed June 7, 2023 Do not publish [CR25]

Campos v. State Page 3