Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00090-CR
Ashley CERROS,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR9086W
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 20, 2013
DISMISSED
Pursuant to the terms of her plea-bargain agreement, appellant pled nolo contendere to
possession of a controlled substance and was placed on deferred adjudication community
supervision. She then filed a notice of appeal from the order placing her on deferred adjudication
community supervision. On January 10, 2013, the trial court signed a certification of defendant=s
right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of
appeal.” See TEX. R. APP. P. 25.2(a)(2). After appellant timely filed a notice of appeal, the trial
court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The
04-13-00090-CR
clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See
id. 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.” Id. 25.2(a)(2). In Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App.
2006), the court of criminal appeals held that “in a plea-bargain case for deferred adjudication
community supervision, the plea bargain is complete at the time the defendant enters his plea of
guilty in exchange for deferred adjudication community supervision.” Thus, Texas Rule of
Appellate Procedure 25.2(a)(2) “will restrict appeal only when the defendant appeals his
placement on deferred adjudication community supervision pursuant to the original plea.” Id.
According to the court, “[u]nder this circumstance, the trial judge certifying the defendant’s right
of appeal may designate the case on the certification form as ‘a plea-bargain case, and the
defendant has NO right of appeal.’” Id. If, however, the defendant filed written motions that
were ruled on before his placement on deferred adjudication community supervision pursuant to
Rule 25.2(a)(2)(A), or obtained permission from the trial court to appeal his placement on
deferred adjudication community supervision pursuant to Rule 25.2(a)(2)(B), then he would have
a right to appeal. Id.
Here, the clerk’s record, which contains a written plea-bargain agreement, establishes that
in placing appellant on deferred adjudication community supervision, the trial court complied
with the plea-bargain agreement. Further, the clerk’s record does not include a written motion
filed and ruled upon before trial, nor does it indicate that the trial court gave its permission to
appeal. The trial court’s certification, therefore, appears to accurately reflect that this is a plea-
bargain case and that appellant does not have a right to appeal. We must dismiss an appeal “if a
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04-13-00090-CR
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, therefore, warned appellant that this appeal would be dismissed pursuant to Texas
Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that she
had the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1;
Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial
court certification has been filed. This appeal is, therefore, dismissed pursuant to Rule 25.2(d).
PER CURIAM
Do not publish
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Ashley Cerros v. State
Combined Opinion