Jermaine Thomas Witty v. State ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00910-CR
Jermaine Thomas WITTY,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR13722
Honorable Mark R. Luitjen, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: January 16, 2019
DISMISSED
The trial court’s certification in this appeal states: “[T]his criminal case is a plea-bargain
case, and the defendant has NO right of appeal.”
“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.” TEX. R. APP. P. 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
04-18-00910-CR
written motion filed and ruled upon before trial, nor does it indicate 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 appellant 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.” TEX. R. APP. P. 25.2(d). We issued an order stating
this appeal would be dismissed unless an amended trial court certification was made part of the
appellate record by December 27, 2018. See TEX. R. APP. P. 25.2(d); Daniels v. State, 110 S.W.3d
174 (Tex. App.—San Antonio 2003, no pet.). On December 28, 2018, appellant filed a second
notice of appeal indicating that a basis for the appeal is “permission to appeal” without indicating
whether permission to appeal has been granted or denied by the trial court. Appellant has not filed
an amended trial court certification demonstrating the trial court has granted permission to appeal
or that appellant otherwise has a right of appeal.
Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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