Tammie Len Jolliff v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00031-CR
Tammie Len JOLLIFF,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 16-2211-CR-A
Honorable Jessica Crawford, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 14, 2018
DISMISSED
Pursuant to a plea-bargain agreement, Tammie Len Jolliff pled guilty to aggravated robbery
and was sentenced to twenty years in prison in accordance with the terms of her plea-bargain
agreement. On December 12, 2017, 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 Jolliff 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).
04-18-00031-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 Jolliff permission to appeal.
See id. The trial court’s certification, therefore, appears to accurately reflect that this is a plea-
bargain case and that Jolliff 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, therefore, informed Jolliff that this appeal would be dismissed pursuant to Texas Rule
of Appellate Procedure 25.2(d), unless an amended trial court certification showing that Jolliff 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. This appeal is, therefore, dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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