Carlos Manuel Rivera v. State

CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS Court of Appeals
DAVID EVANS FACSIMILE
ADA BROWN Fifth District of Texas at Dallas (214) 745-1083
CRAIG STODDART
600 COMMERCE STREET, SUITE 200
BILL WHITEHILL INTERNET
DAVID J. SCHENCK DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
JASON BOATRIGHT (214) 712-3400
March 15, 2018
Honorable Jeanine Howard
Presiding Judge
Criminal District Court No. 6
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-11
Dallas, TX 75207
RE: Court of Appeals Numbers: 05-18-00053-CR, 05-18-00054-CR,
05-18-00055-CR & 05-18-00056-CR
Trial Court Case Numbers: F17-45821-X, F17-45822-X,
F17-45823-X & F17-45824-X
Style: Carlos Manuel Rivera v. The State of Texas
Dear Judge Howard:
After reviewing the records in the above appeals, the Court notes that the trial court’s
certifications of appellant’s right to appeal incorrectly state appellant is not entitled to appeal his
convictions. Specifically, each certification states appellant waived his right to appeal.
The records show appellant pleaded open to each offense, i.e., he pleaded guilty without
the benefit of a plea bargain. On the forms marked “Plea Agreement,” the box indicating
appellant waived his right to appeal was checked in cause numbers F17-45822-X, F17-45823-X
& F17-45824-X (court of appeal numbers 05-18-00054-CR, 05-18-00055-CR & 05-18-00056-
CR); the box was not checked in cause number F17-45821-X (appellate cause #05-18-00053-
CR).
However, the records also show that the waivers of his right to appeal in cause numbers
F17-45822-X, F17-45823-X & F17-45824-X were executed before the trial court found him
guilty, they were not bargained for, and there was no recommended sentence in any of the cases.
Under these circumstances, the Texas Court of Criminal Appeals has determined an appellant’s
waiver of his right to appeal is not knowing and intelligent and does not bar him from appealing
his convictions. See Ex parte Delaney, 207 S.W.3d 794, 798-800 (Tex. Crim. App. 2006).
Because the records show appellant has not waived his right to appeal in any of these
cases, please file, within TEN DAYS of the date of the letter, a corrected certification of
appellant’s right to appeal that accurately reflects appellant has the right to appeal in each of the
above cases.
We appreciate your attention to this matter.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
LM/cg
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