Pfister v. State

Full title: Christian William PFISTER, Appellant v. The STATE of Texas, Appellee

Court: Fourth Court of Appeals San Antonio, Texas

Date published: Jun 30, 2021

No. 04-21-00072-CR (Tex. App. Jun. 30, 2021)

Opinion

04-21-00072-CR

06-30-2021

Christian William PFISTER, Appellant v. The STATE of Texas, Appellee

PER CURIAM

DO NOT PUBLISH

From the County Court at Law No. 2, Guadalupe County, Texas Trial Court No. CCL-20-0273 Honorable Frank Follis, Judge Presiding.

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

PER CURIAM

The trial court's certification in this appeal states that this criminal case, "is a plea-bargain case and the defendant has NO right of appeal."

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure provides:

In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-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. 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. See id. Appellant has not identified with this court any statute that expressly authorizes the specific appeal. 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.

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). We issued an order stating this appeal would be dismissed unless an amended trial court certification was made part of the appellate record by June 11, 2021. See Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, no pet.). No such amended trial court certification has been filed.

Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).