Jose Castellanos-Aguilera v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00711-CR
Jose CASTELLANOS-AGUILERA,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10449
Honorable Lorina I. Rummel, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 9, 2015
DISMISSED
Pursuant to a plea-bargain agreement, Jose Castellanos-Aguilera pled nolo contendere to
murder and was sentenced to seventeen years in prison in accordance with the terms of his plea-
bargain agreement. On October 26, 2015, 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). After Castellanos-Aguilera filed a notice of appeal, the trial court clerk
sent copies of the certification and notice 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).
04-15-00711-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. 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 Castellanos-Aguilera
permission to appeal. See id. The trial court’s certification, therefore, appears to accurately reflect
that this is a plea-bargain case and that Castellanos-Aguilera 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).
We informed Castellanos-Aguilera that this appeal would be dismissed pursuant to Texas
Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that
Castellanos-Aguilera had the right to appeal was made part of the appellate record. 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. Furthermore, Castellanos-Aguilera’s
court-appointed appellate counsel has filed a written notice stating that he reviewed the clerk’s
record, found no right of appeal for Castellanos-Aguilera, and thus is compelled to concede that
this appeal must be dismissed.
This appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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