Frank Demrius Collaso v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00224-CR
Frank Demrius COLLASO,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CR-7423
Honorable Melisa C. Skinner, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 3, 2023
DISMISSED
Appellant Frank Demrius Collaso entered into a plea bargain with the State pursuant to
which he pleaded nolo contendere to the offense of aggravated assault with a deadly weapon. The
trial court’s certification in this appeal states: “[T]his criminal case is a plea-bargain case, and the
defendant has NO right of appeal” and “[T]he defendant has waived the right of appeal.”
“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
appeal, or (C) where the specific appeal is expressly authorized by statute.” TEX. R. APP. P.
04-23-00224-CR
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 the trial court gave its permission to appeal or that this appeal
is expressly authorized by statute. 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, 615 (Tex. Crim. App. 2005) (holding court of appeals should
review clerk’s record to determine whether trial court’s certification is accurate).
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.” TEX. R. APP. P. 25.2(d). On March 24, 2023, we
issued an order stating this appeal would be dismissed unless an amended trial court certification
was made part of the appellate record. See TEX. R. APP. P. 25.2(d); Daniels v. State, 110 S.W.3d
174 (Tex. App.—San Antonio 2003, no pet.). On March 28, 2023, appellant’s court-appointed
counsel filed a response stating that the trial court had denied appellant’s request for an amended
certification. Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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