Timothy Paul Murnane v. State ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00582-CR
Timothy Paul MURNANE,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR12995
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 27, 2021
APPEAL DISMISSED
On November 16, 2020 appellant Timothy Murnane filed a notice of appeal. When the
clerk’s record was filed on December 3, 2020, it contained a trial court’s certification 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). The clerk’s record also contained the written plea bargain, established that the
punishment assessed by the trial court did not exceed the punishment recommended by the
prosecutor and agreed to by the defendant, and supported the trial court’s certification that the
underlying case is a plea-bargain case. See id. R. 25.2(a)(2), 25.2(d).
04-20-00582-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, (B) after getting the trial court’s permission to
appeal, or (C) where the specific appeal is expressly authorized by statute.” Id. R. 25.2(a). 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. R. 25.2(d).
On December 8, 2020, we ordered that this appeal would be dismissed pursuant to rule
25.2(d) unless an amended trial court certification showing that appellant has the right to appeal
was made part of the appellate record by January 7, 2021. See id. R. 25.2(d), 37.1; see also Dears
v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex.
App.—San Antonio 2003, no pet.). Neither an amended certification nor other response has been
filed. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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