Marylyn Warren v. City of Aransas Pass--Appeal from 343rd District Court of San Patricio County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 13th District Court of Appeals » 2008 » Marylyn Warren v. City of Aransas Pass--Appeal from 343rd District Court of San Patricio County

State: Texas

Court: Criminal Court of Appeals

Docket No: 13-07-00087-CV

Case Date: 11/13/2008

Plaintiff: Marylyn Warren

Defendant: City of Aransas Pass--Appeal from 343rd District Court of San Patricio County

Preview:Juan Godines v. The State of Texas--Appeal from 379th
Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-03-00861-CR
Juan GODINES,
Appellant
v.
STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-4449
Honorable Bert Richardson, Judge Presiding
Per Curiam
Sitting: Paul W. Green, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and Filed: June 30, 2004
DISMISSED
Pursuant to a plea bargain agreement, Juan Godines pled guilty to Assault-family member (Second Offense). On
October 23, 2003, the trial court imposed sentence and signed a certificate stating that this "is a plea-bargain case, and
the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a). After Godines timely filed a notice of appeal, the
clerk sent copies of the certification and notice of appeal to this court. See Tex. R. App. P. 25.2(e). The clerk's record,
which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See Tex. R. App. P. 25.2(d).
"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, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). The clerk's
record, which contains a written plea bargain, establishes that the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). The
clerk's record does not contain a written motion ruled on before trial nor does it indicate the trial court granted Godines
permission to appeal. The trial court's certification therefore appears to accurately reflect that this is a plea bargain case
and Godines does not have the right to appeal. This court must dismiss an appeal "if a certification that shows the
defendant has the right of appeal has not been made a part of the record." Tex. R. App. P. 25.2(d).
On January 27, 2004, we gave Godines notice that the appeal would be dismissed unless an amended certification
showing he has the right to appeal has been made part of the record by February 26, 2004. See Tex. R. App. P.
25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, interlocutory order) (en banc). An
file:///C|/Users/Peter/Desktop/opinions/PDFs1/17279.html[8/20/2013 7:44:17 PM]

amended certification showing Godines has the right to appeal has not been filed. We therefore dismiss this appeal.
Tex. R. App. P. 25.2(d).
Paul W. Green, Justice
Do Not Publish
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