Gary Wade Ronning v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00024-CR
Gary Wade RONNING,
Appellant
v.
The STATE
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10517W
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: April 1, 2015
DISMISSED
Pursuant to a plea-bargain agreement, Gary Wade Ronning pled nolo contendere to
Assault-Family-2nd Offense and was sentenced to six years imprisonment and a $1500 fine in
accordance with the terms of his plea-bargain agreement. On December 18, 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 Ronning filed a notice of
appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See
04-15-00024-CR
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 Ronning 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 January 29, 2015, we issued an order stating that this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification
showing that Ronning has the right to appeal was made part of the appellate record by March 2,
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). No such amended trial court certification was filed. This appeal is therefore
dismissed pursuant to Rule 25.2(d).
PER CURIAM
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