Dorian Angel Garcia v. the State of Texas ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00439-CR
Dorian Angel GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2021-CR-2166
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: February 2, 2022
APPEAL DISMISSED
Pursuant to a plea-bargain agreement, appellant pleaded nolo contendere to one count of
possession with intent to deliver a controlled substance (heroin) in an amount of one gram or more
but less than four grams. The trial court assessed punishment at four years in prison. On August
10, 2021, the trial court signed a certification of defendant’s right to appeal stating this “is a plea-
bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
Generally, in a plea bargain case, a defendant may appeal only: (1) those matters that were
raised by written motion filed and ruled on before trial, (2) after getting the trial court’s permission
04-21-00439-CR
to appeal, or (3) where the specific appeal is expressly authorized by statute. See id.
25.2(a)(2)(A),(B), (C). 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 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.” Id. 25.2(d).
On December 17, 2021, this court issued an order stating this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification
showing that appellant has the right to appeal is made part of the appellate record on or before
January 7, 2022. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—
San Antonio 2003, order). Appellant has not responded to our order and an amended trial court
certification has not been filed. Accordingly, we dismiss this appeal.
PER CURIAM
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