Joshua Mathew Talbott v. the State of Texas ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00566-CR
Joshua Mathew TALBOTT,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2022CR4058
Honorable Stephanie R. Boyd, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: November 30, 2022
APPEAL DISMISSED
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” and “the defendant has waived the right to appeal.”
The clerk’s record contains a written plea bargain and a written waiver of appeal, and the
punishment assessed did not exceed the punishment recommended by the prosecutor and agreed
to by appellant; therefore, the trial court’s certification accurately reflects that appellant’s case is
a plea bargain case and appellant does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2).
04-22-00566-CR
“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.” TEX. R. APP. P. 25.2(a)(2). The clerk’s record does not contain a written motion ruled
on before trial nor does it indicate the trial court granted appellant permission to appeal. This court
must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not
been made a part of the record.” TEX. R. APP. P. 25.2(d).
On October 10, 2022, this court ordered that this appeal would be dismissed pursuant to
Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing
appellant has the right of appeal was made part of the appellate record by November 9, 2022. See
TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005);
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DO NOT PUBLISH
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