Henry Reyna v. State

IN THE
TENTH COURT OF APPEALS
No. 10-19-00353-CR
HENRY REYNA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2017-738-C2
OPINION
Henry Reyna filed a notice of appeal in which he states that he is appealing from
the judgment of conviction rendered against him on August 1, 2019, and the denial of his
motion for new trial on September 12, 2019. Because no authority grants the courts of
appeals jurisdiction of an appeal from the denial of a motion for new trial that is separate
and apart from an appeal from an appellant’s conviction, see Greer v. State, No. 10-18-
00251-CR, 2018 WL 4648803, at *1 (Tex. App.—Waco Sept. 26, 2018, no pet.) (mem. op.,
not designated for publication), we have determined that Reyna is attempting to appeal
from the judgment of conviction rendered against him by way of a challenge to the denial
of his motion for new trial. However, because the trial court’s certification of Reyna’s
right of appeal, which Reyna and his counsel signed, indicates that the underlying case
was a plea-bargain case and that Reyna has no right of appeal and also that Reyna has
waived his right of appeal, Reyna’s appeal from the judgment of conviction rendered
against him must be dismissed. See TEX. R. APP. P. 25.2(d) (“The appeal must be dismissed
if a certification that shows the defendant has the right of appeal has not been made part
of the record under these rules.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App.
2006) (plea bargain); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver
of appeal).
By letter dated October 18, 2019, the Clerk of this Court notified Reyna that this
appeal appeared to be subject to dismissal because the trial court’s certification of his
right of appeal, which Reyna and his counsel signed, indicates that the underlying case
was a plea-bargain case and that Reyna has no right of appeal and also that Reyna has
waived his right of appeal. The Clerk of this Court notified Reyna that the Court may
dismiss the appeal unless, within ten days from the date of the letter, Reyna showed
grounds for continuing the appeal. Reyna has not done so.
Accordingly, for the reasons stated, this appeal is dismissed.
REX D. DAVIS
Justice
Reyna v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal dismissed
Opinion delivered and filed November 6, 2019
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