Isaiah Joe Alcaraz v. the State of Texas ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
June 9, 2021
No. 04-21-00177-CR
Isaiah Joe ALCARAZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2021CR1920W
Honorable Stephanie R. Boyd, Judge Presiding
ORDER
Appellant Isaiah Alcaraz entered into a plea bargain with the State
pursuant to which he pleaded nolo contendere to the offense of deadly conduct
involving the discharge of a firearm. The trial court imposed sentence in
accordance with the agreement and signed a certificate stating this “is a plea-
bargain case, and the defendant has NO right of appeal” and “the defendant has
waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant filed a
notice of appeal, and the district clerk filed a copy of the clerk’s record, which
includes the trial court’s Rule 25.2(a)(2) certification and a written plea bargain
agreement. See id. R. 25.2(d). 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.
Here, the clerk’s record establishes the punishment assessed by the trial
court does not exceed the punishment recommended by the prosecutor and agreed
to by the defendant. See id. R. 25.2(a)(2). The record also supports the trial
court’s certification that appellant does not have a right to appeal and/or waived
his right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005)
(holding that court of appeals should review clerk’s record to determine whether
trial court’s certification is accurate).
Accordingly, appellant is given notice that this appeal will be dismissed
pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an
amended certification showing that appellant has the right to appeal is made part
of the appellate record by July 9, 2021. See TEX. R. APP. P. 25.2(d), 37.1;
Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on
merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not
designated for publication).
We ORDER all appellate deadlines are suspended until further order of
the court. We further ORDER the clerk of this court to serve copies of this order
on the attorneys of record and the court reporter.
_________________________________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 9th day of June, 2021.
___________________________________
MICHAEL A. CRUZ, Clerk of Court