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Steve Anthony Morales v. State
Citation: Not availableDocket: 04-19-00730-CR
Court: Court of Appeals of Texas; October 25, 2019; Texas; State Appellate Court
Original Court Document: View Document
Steve Anthony Morales, the appellant, entered a plea bargain with the State of Texas, pleading nolo contendere to a felony charge. As part of the plea agreement, Morales signed a "Waiver of Appeal," and the trial court imposed a sentence consistent with this agreement, certifying that it is a plea-bargain case with no right of appeal for the defendant under Texas Rule of Appellate Procedure 25.2(a)(2). Despite this, Morales filed a notice of appeal. The appellate court reviewed the clerk’s record, which included the trial court's certification and the plea agreement, confirming that the punishment did not exceed what was recommended by the prosecutor and agreed upon by Morales. The court highlighted that if the record lacks a certification indicating a right to appeal, the appeal must be dismissed, as established in Dears v. State. Morales was notified that his appeal would be dismissed unless an amended certification demonstrating a right to appeal was submitted by November 15, 2019. The court suspended all appellate deadlines until further notice and ordered the clerk to notify the involved attorneys and court reporter of this order.