Derrick Wayne Grissett v. the State of Texas

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00062-CR

Derrick Wayne GRISSETT,

Appellant v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CR-0492W

Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Liza A. Rodriguez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: September 29, 2021

DISMISSED

The trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an appeal “must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s appointed counsel filed a document stating she reviewed the clerk’s record and found no right of appeal for appellant. In light of the record presented, we conclude that the trial court’s certification correctly asserts that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH