Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00895-CR

Sean BROWN,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2019-CR-1250

Honorable Ron Rangel, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Irene Rios Justice

Beth Watkins, Justice

Delivered and Filed: January 10, 2024

DISMISSED

Appellant Sean Brown entered into a plea bargain with the State, pursuant to which he pled 

nolo contendere to the charged offense. The trial court approved the plea bargain, found there was 

sufficient evidence of appellant’s guilt, and found appellant guilty. Before the sentencing hearing, 

appellant moved to withdraw his guilty plea, which the trial court denied. The trial court thereafter 

imposed a sentence on September 11, 2023 in accordance with the agreement and signed a 

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

R. APP. P. 25.2(a)(2). 
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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. The clerk’s record includes the written plea 

bargain agreement which includes a waiver of the right to appeal those matter that were raised by 

written motion filed and ruled on before trial. See id. 25.2(a)(2). The record establishes the 

punishment assessed by the court does not exceed the punishment recommended by the prosecutor 

and agreed to by the defendant. See id. 25.2(a)(2). The record also appears to support the trial 

court’s certification 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); see also Mathis v. State, No. 14-11-01058-CR, 2012 

WL 424879, at *1–2 (Tex. App.—Houston [14th Dist.] Feb. 9, 2012, no pet.) (appellant’s refusal 

to sign certification does not prevent appellate court from moving forward on certification that is 

supported by the record); Chavez v. State, 139 S.W.3d 43, 59 (Tex. App.—Corpus ChristiEdinburg 2004), aff’d on other grounds, 183 S.W.3d 675 (Tex. Crim. App. 2006) (“The trial court 

ruled that it would not allow Chavez to withdraw his plea, then pronounced sentence in both cases 

within the agreed caps. Chavez’s motion to withdraw his plea in the murder case, coming as it did 

after the trial court accepted his guilty pleas but before sentencing, is not a ‘written motion filed 

and ruled on before trial.’” (quoting TEX. R. APP. P. 25.2(a)(2)(A))).

We therefore ordered appellant to file a response, by November 27, 2023, establishing an 

amended certification showing he has the right to appeal has been made part of the appellate 

record. See TEX. R. APP. P. 25.2(d), 37.1. On November 28, 2023, appellant’s counsel filed a 

response explaining he filed a written motion with the trial court seeking to amend the certification, 

but the trial court denied the motion. He concluded this court therefore had “little choice but to 

dismiss the instant attempted appeal.”
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Accordingly, this appeal is dismissed.

PER CURIAM

DO NOT PUBLISH