Ian Alan Harms v. State

Fourth Court of Appeals
San Antonio, Texas
February 1, 2019
No. 04-18-00912-CR
Ian Alan HARMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR12593
Honorable Frank J. Castro, Judge Presiding
ORDER
Appellant Ian Alan Harms entered into a plea bargain with the State pursuant to which he
pleaded nolo contendere to forgery of a financial instrument. The trial court imposed sentence in
accordance with the agreement and signed a certificate stating this “is a plea-bargain case, and
the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant timely filed a
notice of appeal, and the district clerk filed a copy of the clerk’s record, which includes the trial
court’s rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). 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.
Here, the clerk’s record establishes the punishment assessed by the trial court does not
exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id.
R. 25.2(a)(2). The record also supports the trial court’s certification that appellant does not have
a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court
of appeals should review clerk’s record to determine whether trial court’s certification is
accurate).
Accordingly, appellant is given notice that this appeal will be dismissed pursuant to rule
25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that
appellant has the right to appeal is made part of the appellate record on or before March 4,
2019. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San
Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003,
pet. ref’d) (not designated for publication).
We ORDER all appellate deadlines are suspended until further order of the court. We
further ORDER the clerk of this court to serve copies of this order on the attorneys of record and
the court reporter.
_________________________________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 1st day of February, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court