Ruben Barrera v. State ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00167-CR
Ruben BARRERA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR0089
Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: April 29, 2020
DISMISSED
Pursuant to a plea-bargain agreement, appellant pleaded nolo contendere to aggravated
assault with a deadly weapon. The trial court assessed punishment at seven years in prison and a
$1500.00 fine. The trial court also 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).
“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; (B) after getting the trial court’s permission to
04-20-00167-CR
appeal; or (C) where the specific appeal is expressly authorized by statute.” Id. 25.2(a)(2). The
clerk’s record, which contains a written plea bargain, shows that the punishment assessed by the
trial 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 appellant permission to appeal. See id. Thus, the
trial court’s certification appears to accurately reflect that this is a plea-bargain case and that
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.” Id. 25.2(d).
We issued an order warning appellant that this appeal would be dismissed pursuant to
Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing
that he 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). An amended trial
court certification was not filed by the deadline provided. Furthermore, appellant’s counsel filed a
response conceding that appellant has no right to appeal. Accordingly, we dismiss this appeal
pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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