DocketNumber: 04-16-00305-CR
Filed Date: 5/31/2016
Status: Precedential
Modified Date: 6/6/2016
Fourth Court of Appeals San Antonio, Texas May 31, 2016 No. 04-16-00305-CR Juston T. PHILLIPS, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR4875 Honorable Mary D. Roman, Judge Presiding ORDER Pursuant to a plea-bargain agreement, Juston Phillips pled nolo contendere and was sentenced in accordance with the terms of his plea-bargain agreement. 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 Phillips filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. Seeid. at 25.2(e).
The clerk’s record, which includes the trial court’s certification, has been filed. Seeid. at 25.2(d).
“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.”Id. at 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 the defendant. Seeid. 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. Seeid. The trial
court’s certification, therefore, appears to accurately reflect that this is a plea-bargain case and Phillips 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. at 25.2(d).
It is therefore ORDERED this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless Phillips causes an amended trial court certification showing he has the right to appeal is made part of the appellate record by June 27, 2016. 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, order). All other appellate deadlines are SUSPENDED pending resolution of the certification issue. _________________________________ Jason Pulliam, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2016. ___________________________________ Keith E. Hottle Clerk of Court