Alan Perez v. the State of Texas ( 2023 )


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  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-22-00655-CR
    Alan PEREZ,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2020CR0224
    Honorable Michael E. Mery, Judge Presiding
    PER CURIAM
    Sitting:          Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    Lori I. Valenzuela, Justice
    Delivered and Filed: March 1, 2023
    DISMISSED
    Appellant Alan Perez entered into a plea bargain with the State pursuant to which he
    pleaded “true” to the allegations in the motion to adjudicate. 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, (B) after getting the trial court’s permission to
    appeal, or (C) where the specific appeal is expressly authorized by statute.” TEX. R. APP. P.
    04-22-00655-CR
    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 the trial court gave its permission to appeal or that this appeal
    is expressly authorized by statute. 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. See
    Dears v. State, 
    154 S.W.3d 610
    , 615 (Tex. Crim. App. 2005) (holding court of appeals should
    review clerk’s record to determine whether trial court’s certification is accurate).
    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). We issued an order stating
    this appeal would be dismissed unless an amended trial court certification was made part of the
    appellate record by February 9, 2023. See TEX. R. APP. P. 25.2(d); Daniels v. State, 
    110 S.W.3d 174
     (Tex. App.—San Antonio 2003, no pet.). No such amended trial court certification has been
    filed.
    Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-22-00655-CR

Filed Date: 3/1/2023

Precedential Status: Precedential

Modified Date: 3/7/2023