Rebecca Alvarez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 4, 2024
• Docket: 04-24-00442-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00442-CR

Rebecca ALVAREZ, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR3101B Honorable Stephanie R. Boyd, Judge Presiding

PER CURIAM

Sitting: Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

Delivered and Filed: December 4, 2024

DISMISSED

Pursuant to a plea-bargain agreement, Rebecca Alvarez pled nolo contendere to

aggravated robbery and was sentenced to eighteen years in prison in accordance with the terms

of her plea-bargain agreement. The clerk’s record, which includes the trial court’s certification of

defendant’s right to appeal, has been filed. See TEX. R. APP. P. 25.2(d). The certification states

that this “is a plea-bargain case, and the defendant has NO right of appeal.” See id. 25.2(a)(2).

“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were

raised by written motion filed and ruled on before trial, (B) after getting the trial court’s 04-24-00442-CR

permission to appeal, or (C) where the specific appeal is expressly authorized by statute.” Id.

25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes the punishment

assessed by the court does not exceed the punishment recommended by the prosecutor and

agreed to by Alvarez. See id. The clerk’s record does not include a written motion filed and ruled

upon before trial; nor does it indicate that the trial court gave its permission to appeal. See id.

Thus, the trial court’s certification appears to accurately reflect that this is a plea-bargain case

and that Alvarez does not have a right to appeal. We 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.

25.2(d).

We informed Alvarez that this appeal would be dismissed pursuant to Texas Rule of

Appellate Procedure 25.2(d) unless an amended trial court certification showing that Alvarez had

the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1;

Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial

court certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).

DO NOT PUBLISH

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