Brandyn Garcia v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00277-CR
Brandyn GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2024CR2903
Honorable Christine Del Prado, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: July 3, 2024
DISMISSED
Pursuant to a plea-bargain agreement, Brandyn Garcia pled nolo contendere to two counts
of indecency with a child by contact and was sentenced to ten years in prison in accordance with
the terms of his plea-bargain agreement. On March 28, 2024, the trial court signed a certification
of defendant’s right to appeal 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). After Garcia filed a notice of appeal, the trial court
clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk’s
record, which includes the trial court’s certification, has been filed. See id. 25.2(d).
04-24-00277-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. 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 Garcia.
See id. The clerk’s record does not include a written motion filed and ruled upon before trial; nor
does it indicate that the trial court gave its permission to appeal. See id. Thus, the trial court’s
certification appears to accurately reflect that this is a plea-bargain case and that Garcia does not
have a right to appeal. 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. 25.2(d).
We informed Garcia that this appeal would be dismissed pursuant to Texas Rule of
Appellate Procedure 25.2(d) unless an amended trial court certification showing that Garcia had
the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1; Daniels
v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial court
certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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