Walter Scott v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 1, 2023
• Docket: 04-23-00816-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00816-CR

Walter SCOTT, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR6975 Honorable Ron Rangel, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice

Delivered and Filed: November 1, 2023

DISMISSED

Appellant pled nolo contendre to murder and was sentenced within the terms of a plea

bargain. The trial court’s certification in this appeal states: “[T]his criminal case is a plea-bargain

case, and the defendant has NO right of appeal.”

“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, or (b) after getting the trial court’s permission to

appeal.” TEX. R. APP. P. 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 04-23-00816-CR

by the prosecutor and agreed to by the defendant. See id. The clerk’s record does not include a

written motion filed and ruled upon before trial, nor does it indicate the trial court gave its

permission to appeal. See id. The trial court’s certification, therefore, appears to accurately reflect

that this is a plea-bargain case and appellant 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.” TEX. R. APP. P. 25.2(d). On September 18, 2023, we

issued an order stating this appeal would be dismissed unless an amended trial court certification

was made part of the appellate record by October 18, 2023. See TEX. R. APP. P. 25.2(d); Daniels

v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). On October 16, 2023, counsel

for appellant filed a response to this court’s order stating counsel unsuccessfully sought an

amended certification authorizing an appeal after which counsel “reluctantly concludes this court

of appeals has little choice but to dismiss the instant attempted appeal.” Accordingly, this appeal

is dismissed pursuant to Rule 25.2(d).

DO NOT PUBLISH

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