Martin Gerardo Rivas v. State ( 2018 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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MARTIN GERARDO RIVAS, No. 08-18-00208-CR
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Appellant, Appeal from
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v. 41st District Court
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THE STATE OF TEXAS, of El Paso County, Texas
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Appellee. (TC # 20180D02128)
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MEMORANDUM OPINION
Appellant, Martin Gerardo Rivas, is attempting to appeal his conviction of theft of property
valued at less than $2,500 with two or more previous theft convictions. See TEX.PENAL CODE
ANN. § 31.03(e)(4)(D). We dismiss the appeal because the trial court certified that Appellant does
not have a right to appeal.
Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure requires that the trial court enter
its certification of a defendant’s right of appeal each time it enters a judgment of guilt or other
appealable order. TEX.R.APP.P. 25.2(a)(2). Appellant filed a timely notice of appeal, including
the trial court’s certification as required by Rules 25.2(a)(2) and 25.2(d), but the certification
reflects that the appeal “is a plea-bargain case, and the defendant has NO right of appeal.” The
record supports the trial court’s conclusion that Appellant waived his right to a jury trial and
entered a negotiated guilty plea. In a plea-bargain case, a defendant may appeal only those matters
raised by written motion and ruled on before trial, or after getting the trial court’s permission to
appeal. TEX.R.APP.P. 25.2(a)(2)(A)(B). The appellate record does not reflect that the trial court
ruled on any pre-trial motions or that Appellant obtained permission to appeal any issues.
The Clerk’s Office notified Appellant that the certification reflects he has no right of appeal
in this case and requested a response. Appellant’s attorney filed a response stating that he is unable
to rebut the certification. Based on the trial court’s certification and the record before us, we
conclude that Appellant does not have a right to appeal. Accordingly, we dismiss the appeal.
December 19, 2018
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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