Juan Silva v. The State of Texas--Appeal from County Court at Law No 2 of El Paso County

State: Texas

Court: Texas Northern District Court

Docket No: 08-06-00096-CR

Case Date: 08/31/2006

Plaintiff: Juan Silva

Defendant: The State of Texas--Appeal from County Court at Law No 2 of El Paso County

Preview:Juan Silva v. The State of Texas--Appeal from County
Court at Law No 2 of El Paso County
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
)
JUAN SILVA, ) No. 08-06-00096-CR
)
Appellant, ) Appeal from
)
v. ) County Court at Law No. 2
)
THE STATE OF TEXAS, ) of El Paso County, Texas
)
Appellee. ) (TC# 20050D13103)
MEMORANDUM OPINION
Juan Silva attempts to appeal a DWI conviction. Finding that Appellant has no right of appeal, we dismiss the appeal.
Rule 25.2(a)(2) governs the defendant s right to appeal in a criminal case:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules.
The trial court shall enter a certification of the defendant s right of appeal in every case in which it enters a judgment
of guilt or other appealable order. // In a plea bargain case--that is, a case in which defendant s plea is 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, or
(B) after getting the trial court s permission to appeal.
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Tex.R.App.P. 25.2(a)(2).
Appellant filed a timely notice of appeal and the trial court s certification of the defendant s right to appeal as required
by Rules 25.2(a)(2) and 25.2(d). The trial court s certification reflects that the appeal is a plea-bargain case, and the
defendant has NO right of appeal. The certification also reflects that Appellant waived the right of appeal. On April
28, 2006, the Clerk s Office notified Appellant that the certification reflects that he has no right of appeal in this case
and requested a response, but none has been filed. Based on the trial court s certification that Appellant has no right of
appeal, we dismiss the appeal.
August 31, 2006
ANN CRAWFORD McCLURE, Justice
Before Barajas, C.J., McClure, and Chew, JJ.
(Do Not Publish)
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