Robert Torres v. State ( 2014 )


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  •                                                                      The State of TexasAppellee/s
    Fourth Court of Appeals
    San Antonio, Texas
    December 11, 2014
    No. 04-14-00782-CR
    Robert TORRES,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR1875
    Honorable Lorina I. Rummel, Judge Presiding
    ORDER
    Pursuant to a plea-bargain agreement, Appellant Robert Torres pled nolo contendere to
    aggravated sexual assault of a child and was sentenced to eighteen years of imprisonment and a
    fine of $1,000 in accordance with the terms of his plea-bargain agreement. On October 16, 2014,
    the trial court signed a certification of defendant’s right to appeal stating that this “is a plea-
    bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). After
    Torres filed a notice of appeal, the trial court clerk sent copies of the certification and notice of
    appeal to this court. See id. 25.2(e). The clerk’s record, which includes the trial court’s Rule
    25.2(a)(2) certification, has been filed. See id. 25.2(d).
    “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.” 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 the defendant. 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. The trial court’s certification, therefore, appears to accurately
    reflect that this is a plea-bargain case and that Torres 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).
    This appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d),
    unless an amended trial court certification showing that Torres has the right to appeal is made
    part of the appellate record by January 12, 2015. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v.
    State, 
    110 S.W.3d 174
     (Tex. App.—San Antonio 2003, order).
    We ORDER all appellate deadlines be suspended until further order of the court.
    _________________________________
    Karen Angelini, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 11th day of December, 2014.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-14-00782-CR

Filed Date: 12/16/2014

Precedential Status: Precedential

Modified Date: 12/16/2014