Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00177-CR
Isaiah Joe ALCARAZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2021CR1920W
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 deadly conduct involving the discharge of a firearm. 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.
04-21-00177-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 9, 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DO NOT PUBLISH
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