Steven Lyn Deaton v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00116-CR
Steven Lyn DEATON,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR6243
Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: May 3, 2023
DISMISSED
Appellant Steven Lyn Deaton entered into a plea bargain agreement with the State
pursuant to which he pleaded nolo contendere to the charged offense of indecency with a child.
The trial court imposed a sentence on January 10, 2023 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). The certificate further stated “the defendant has waived
the right of appeal.” See id. Appellant then filed a notice of appeal, and the district clerk filed a
04-23-00116-CR
copy of the clerk’s record, which included the trial court’s Rule 25.2(a)(2) certification and
written plea bargain agreement.
Rule 25.2(a)(2) provides “[i]n 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. Rule 25.2(d) further provides 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. R.
25.2(d). Here, the clerk’s record establishes the punishment assessed by the 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
court of appeals should review clerk’s record to determine whether trial court’s certification is
accurate).
On March 17, 2023, we ordered appellant to file a response establishing an amended
certification showing he has the right to appeal has been made part of the appellate record.
See TEX. R. APP. P. 25.2(d), 37.1. We advised appellant that if a supplemental clerk’s record
was required to show he has the right to appeal, he was required to request a supplemental record
from the trial court clerk and file a copy of the request with this court. Finally, we admonished
appellant that a failure to satisfactorily respond to this order within the time provided would
result in the dismissal of this appeal.
On April 13, 2023, appellant filed a response stating he contacted trial counsel and
confirmed this case is a plea bargain case, the trial judge followed the plea bargain agreement,
and appellant waived his right to appeal. He further stated he filed a “Request for Permission to
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04-23-00116-CR
Appeal,” and the trial court denied his request. Accordingly, without an amended certification
establishing appellant’s right to appeal, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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