Hollis Robert Bledsoe v. State ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00904-CR
Hollis Robert BLEDSOE,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR9715W
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 30, 2019
DISMISSED
Pursuant to a plea-bargain agreement, Hollis Robert Bledsoe pled nolo contendere to being
a felon in possession of a firearm and was sentenced to four years of imprisonment and a fine of
$1,500.00 in accordance with the terms of his plea-bargain agreement. On October 24, 2018, the
trial court signed a certification of defendant’s right to appeal stating that this “is a plea-bargain
case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The trial court
also certified that this criminal case “is one in which the defendant has waived the right of appeal.”
After Bledsoe filed a notice of appeal, the trial court clerk sent copies of the certification and notice
04-18-00904-CR
of appeal to this court. See id. 25.2(e). The clerk’s record, which includes the trial court’s Rule
25.2(a)(2) certification, has been filed. See id. 25.2(d).
“In a plea bargain case ... a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission to
appeal.” Id. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes the
punishment assessed by the court does not exceed the punishment recommended by the prosecutor
and agreed to by the defendant. See id. The clerk’s record does not include a written motion filed
and ruled upon before trial; nor does it indicate that the trial court gave its permission to appeal.
See id. The trial court’s certification, therefore, appears to accurately reflect that this is a plea-
bargain case and that Bledsoe does not have a right to appeal. 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. 25.2(d).
On December 7, 2018, we informed Bledsoe that this appeal would be dismissed pursuant
to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification showing
that he had the right to appeal was made part of the appellate record by January 7, 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).
No such amended trial court certification has been filed. Therefore, this appeal is dismissed
pursuant to Rule 25.2(d).
PER CURIAM
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