Isaiah Joe Alcaraz v. The State of Texas Appeal from 187th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00176-CR Isaiah Joe ALCARAZ, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR12197 Honorable Stephanie R. Boyd, Judge Presiding PER CURIAM Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Delivered and Filed: July 28, 2021 DISMISSED Appellant Isaiah Alcaraz 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.” “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. 04-21-00176-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). We issued an order stating this appeal would be dismissed unless an amended trial court certification was made part of the appellate record by July 7, 2021. See TEX. R. APP. P. 25.2(d); 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). PER CURIAM DO NOT PUBLISH -2-
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