Paul Serrato v. State ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00075-CR
PAUL SERRATO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2003-171-C
MEMORANDUM OPINION
Paul Serrato attempts to appeal from the trial court’s denial of his “Motion to
Vacate Conviction and Sentence Due to the Government’s Failure to Comply with
Terms of Plea Agreement Which Now Renders Mr. Serrato’s Guilty Plea Involuntary
and Unknowing.” Serrato’s petition relates to his July 2003 conviction for the offense of
possession of a controlled substance.
The certificate of the right to appeal for Serrato’s July 2003 conviction states that
it was a plea bargain case and he has no right to appeal and that he waived his right to
appeal. See TEX. R. APP. P. 25.2(d). The record contains a written waiver of appeal
signed by Serrato.
Serrato previously filed a “Petition to Vacate Execution of Sentence Imposed and
Recall of Jail and Prison Credits Awarded” related to the same July 2003 conviction for
possession of a controlled substance. The trial court denied that petition, and this Court
dismissed the appeal for want of jurisdiction. Serrato then filed in the trial court the
motion to vacate the conviction based upon the same circumstances surrounding the
plea agreement. The trial court dismissed the motion for want of jurisdiction on
January 3, 2014. Serrato did not appeal from the trial court’s January 3 order dismissing
his motion to vacate. Serrato filed a petition to reconsider the January 3 order, and the
trial court denied the petition on February 26, 2014. Serrato attempts to appeal from the
trial court’s February 26 order denying his petition to reconsider.
The Texas Rules of Appellate procedure provide that a "defendant has the right
to appeal under Code of Criminal Procedure article 44.02 and these rules" when the trial
court has entered "a judgment of guilt or other appealable order." TEX. R. APP. P
25.2(a)(2); see Staley v. State, 233 S.W.3d 337, 338, Fn. 4 (Tex. Crim. App. 2007). Because
Serrato is not appealing from a final judgment or other appealable order, we lack
jurisdiction to consider this appeal.
Serrato v. State Page 2
Accordingly, the appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed June 5, 2014
Do not publish
[CR25]
Serrato v. State Page 3