Jordan Michael Sannicola v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00852-CR
Jordan Michael SANNICOLA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR7800
Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 14, 2018
APPEAL DISMISSED
Pursuant to a plea bargain agreement, appellant Jordan Michael Sannicola pled nolo
contendere to the offense of aggravated assault with a deadly weapon. The trial court imposed
sentence 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). Appellant timely
filed a notice of appeal. The clerk’s record, which includes the trial court’s rule 25.2(a)(2)
certification and a written plea bargain agreement, has been filed. See id. R. 25.2(d).
 04-17-00852-CR
“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. R. 25.2(a). 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. The clerk’s record does not include a written motion filed and ruled upon before trial; nor does
it indicate the trial court gave appellant 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. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court
of appeals should review clerk’s record to determine whether trial court’s certification is accurate).
This court 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).
On January 8, 2018, we gave appellant notice that this appeal would be dismissed pursuant
to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing
that appellant has the right to appeal is made part of the appellate record by February 7, 2018. See
id.; See id. R. 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp.
on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for
publication). On February 8, 2018, appellant’s counsel filed a response, stating he has reviewed
the clerk’s record and has determined this is a plea bargain case in which appellant has no right of
appeal. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
-2-