The State of TexasAppellee/s

Fourth Court of Appeals

San Antonio, Texas

February 14, 2014

No. 04-14-00094-CR

Joshua Joel LALUZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR1397A

Honorable Sid L. Harle, Judge Presiding

ORDER

Appellant entered into a plea bargain with the State, pursuant to which appellant pleaded 

guilty to the offense of human trafficking of a person under the age of eighteen for the purpose of 

prostitution. As part of his plea bargain, appellant signed a separate “Waiver of Appeal” that states:

I understand that upon my plea of guilty or nolo contendere, where the punishment 

does not exceed that recommended by the prosecutor and agreed to by me, my right 

to appeal will be limited to only: (1) those matters that were raised by written motion 

filed and ruled on before trial, or (2) other matters on which the trial court gives me 

permission to appeal. I understand that I have this limited right to appeal. However, 

as part of my plea bargain agreement in this case, I knowingly and voluntarily waive 

my right to appeal under (1) and (2) in exchange for the prosecutor’s 

recommendation, provided that the punishment assessed by the court does not exceed 

our agreement.

The trial court imposed sentence in accordance with the agreement and signed a certificate 

stating this “is a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has 

waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant filed a pro se notice of 

appeal.1 The clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written 

plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). This court must dismiss an 

appeal “if a certification that shows the defendant has the right of appeal has not been made part of 

the record.” Id.

1 The notice of appeal was due January 2, 2014, but was not filed until January 6, 2014. However, the notice was 

filed within the fifteen-day deadline for filing a motion for extension of time to file a notice of appeal. Moreover, it 

is likely the pro se notice was mailed. 

 
The clerk’s record establishes the punishment assessed by the court does not exceed the 

punishment recommended by the prosecutor and agreed to by the defendant. Ordinarily, “[i]n 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). However, when a defendant waives this limited right to appeal, the defendant may 

appeal only if the trial court later gives its express permission. See Willis v. State, 121 S.W.3d 400, 

403 (Tex. Crim. App. 2003); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). The 

clerk’s record does not indicate the trial court gave appellant permission to appeal. The trial court’s 

certification therefore appears to accurately reflect that this is a plea bargain case, appellant does not 

have a right to appeal, and appellant waived any limited right to appeal. See Dears v. State, 154 

S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to 

determine whether trial court’s certification is accurate). 

Appellant is hereby given notice that this appeal will be dismissed pursuant to rule 25.2(d) of 

the Texas Rules of Appellate Procedure unless written consent to appeal and an amended 

certification showing that appellant has the right to appeal is made part of the appellate record on or 

before March 17, 2014. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. 

App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 

2003, pet. ref’d) (not designated for publication).

We order all appellate deadlines suspended until further order of the court. We further 

order the clerk of this court to serve copies of this order on the attorneys of record and the court 

reporter. 

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 14th day of February, 2014.

___________________________________

Keith E. Hottle

Clerk of Court