Luis Rene Menendez v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-24-00033-CR
___________________________
LUIS RENE MENENDEZ, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 3
Tarrant County, Texas
Trial Court No. 1737000
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Luis Rene Menendez attempts to appeal his felony conviction for the
offense of aggravated sexual assault of a child under the age of fourteen. See Tex.
Penal Code Ann. § 22.021. Pursuant to a charge bargain,1 Menendez pled guilty to
that offense in exchange for the State’s waiving the remaining counts in the
indictment, including one count of continuous sexual abuse of a child under the age
of fourteen and three counts of indecency with a child by sexual contact; waiving the
sex-offender notice; and recommending that punishment be assessed at 15 years’
confinement. As part of his written plea agreement, Menendez waived any right of
appeal, and he was admonished that if the trial court followed the plea agreement, he
would have to obtain permission from the trial court before he could “prosecute an
appeal on any matter in the case except for matters raised by written motion filed
prior to trial.”
In accordance with the parties’ agreement, the trial court found Menendez
guilty and sentenced him to 15 years’ confinement. The trial court’s certification of
defendant’s right of appeal, which was signed by Menendez, states that this “is a plea-
bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P.
25.2(a)(2), (d). The trial court also certified that Menendez “has waived the right of
appeal.”
1
See Harper v. State, 567 S.W.3d 450, 454 (Tex. App.—Fort Worth 2019, no pet.)
(discussing charge bargains).
2
After receiving a copy of Menendez’s notice of appeal, we notified Menendez
that we had received the trial court’s certification stating that this is a plea-bargain
case, that he has no right of appeal, and that he waived the right of appeal. We warned
him that this appeal could be dismissed unless he or another party filed a response
showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. We have
received no response.
Thus, in accordance with the trial court’s certification, we dismiss the appeal
for lack of jurisdiction. See Tex. R. App. P. 25.2(d), 43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: March 21, 2024
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