Paul Serrato v. State

• Court: Court of Appeals of Texas
• Decided: June 5, 2014
• Docket: 10-14-00075-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00075-CR

PAUL SERRATO, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2003-171-C

MEMORANDUM OPINION

Paul Serrato attempts to appeal from the trial court’s denial of his “Motion to

Vacate Conviction and Sentence Due to the Government’s Failure to Comply with

Terms of Plea Agreement Which Now Renders Mr. Serrato’s Guilty Plea Involuntary

and Unknowing.” Serrato’s petition relates to his July 2003 conviction for the offense of

possession of a controlled substance.

The certificate of the right to appeal for Serrato’s July 2003 conviction states that

it was a plea bargain case and he has no right to appeal and that he waived his right to appeal. See TEX. R. APP. P. 25.2(d). The record contains a written waiver of appeal

signed by Serrato.

Serrato previously filed a “Petition to Vacate Execution of Sentence Imposed and

Recall of Jail and Prison Credits Awarded” related to the same July 2003 conviction for

possession of a controlled substance. The trial court denied that petition, and this Court

dismissed the appeal for want of jurisdiction. Serrato then filed in the trial court the

motion to vacate the conviction based upon the same circumstances surrounding the

plea agreement. The trial court dismissed the motion for want of jurisdiction on

January 3, 2014. Serrato did not appeal from the trial court’s January 3 order dismissing

his motion to vacate. Serrato filed a petition to reconsider the January 3 order, and the

trial court denied the petition on February 26, 2014. Serrato attempts to appeal from the

trial court’s February 26 order denying his petition to reconsider.

The Texas Rules of Appellate procedure provide that a "defendant has the right

to appeal under Code of Criminal Procedure article 44.02 and these rules" when the trial

court has entered "a judgment of guilt or other appealable order." TEX. R. APP. P

25.2(a)(2); see Staley v. State, 233 S.W.3d 337, 338, Fn. 4 (Tex. Crim. App. 2007). Because

Serrato is not appealing from a final judgment or other appealable order, we lack

jurisdiction to consider this appeal.

Serrato v. State Page 2 Accordingly, the appeal is dismissed.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed June 5, 2014 Do not publish [CR25]

Serrato v. State Page 3