Luis Miguel Rodela-Delgado v. State ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00416-CR
LUIS MIGUEL RODELA-DELGADO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-1751-C2
MEMORANDUM OPINION
On August 19, 2015, pursuant to a plea bargain, Luis Miguel Rodela-Delgado
pleaded guilty to the state-jail felony offense of possession of a controlled substance, to-
wit: cocaine, and the trial court deferred the adjudication of his guilt and placed him on
community supervision for three years. On September 18, 2015, Rodela-Delgado filed a
combined motion for new trial and motion to withdraw guilty plea. The new trial motion
was overruled by operation of law. The motion to withdraw guilty plea has had no
formal ruling.
The deadline for Rodela-Delgado to file his notice of appeal was November 17,
2015. An appellate court may extend the time to file the notice of appeal if, within fifteen
days after the deadline for filing the notice of appeal (in this case, December 2, 2015), the
party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a
motion complying with Rule 10.5(b). TEX. R. APP. P. 26.3. Rodela-Delgado filed his notice
of appeal in the trial court on December 1, 2015 and a motion for extension of time to file
his notice of appeal in this Court on November 30, 2015. We therefore grant Rodela-
Delgado’s motion for extension of time to file his notice of appeal.
The trial court’s certification of defendant’s right of appeal in this case indicates,
however, that Rodela-Delgado has waived his right to appeal and that this “is a plea-
bargain case, and the defendant has NO right of appeal.” This appeal is therefore
dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim.
App. 2006) (“A court of appeals … must dismiss a prohibited appeal without further
action, regardless of the basis for the appeal.”); Davis v. State, 205 S.W.3d 606, 607 (Tex.
App.—Waco 2006, no pet.).
REX D. DAVIS
Justice
1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered.
See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a
petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30
days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for
rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).
Rodela-Delgado v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted; appeal dismissed
Opinion delivered and filed December 10, 2015
Do not publish
[CR25]
Rodela-Delgado v. State Page 3