Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-15-00027-CR

Linda RAMIREZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR9653

Honorable Lori I. Valenzuela, Judge Presiding

Opinion by: Patricia O. Alvarez, Justice

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: September 16, 2015

AFFIRMED

Pursuant to a plea agreement, Appellant Linda Ramirez entered a plea of nolo contendere 

for felony failure to stop and render aid. The trial court assessed punishment at four years’

confinement in the Institutional Division of the Texas Department of Criminal Justice and a fine 

in the amount of $1,500.00. The trial court denied Ramirez’s motion for a new trial on November 

25, 2014; and, on January 23, 2015, the trial court granted Ramirez permission to appeal.
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On appeal, Ramirez contends her plea was involuntary because the State breached the 

terms of the plea bargain agreement, and the trial court therefore erred in denying her motion for 

a new trial. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On September 19, 2014, following admonishments by the trial court, Ramirez entered a 

plea of nolo contendere pursuant to a plea bargain. The plea bargain provided the trial court would 

not assess punishment in excess of four years’ confinement with restitution to be determined by 

the trial court. The State also agreed to make no recommendation regarding Ramirez’s “deferred 

adjudication/community supervision application,” but reserved the “right to speak as to factual 

issues relevant to [Ramirez’s] punishment.”

On October 28, 2014, the case was called for sentencing. During Ramirez’s testimony, the 

prosecutor became aware of another felony arrest that was not part of the agreement. The trial

court recessed to allow the parties to discuss Ramirez’s additional outstanding case. 

Trial Court: All right. We are back on the record with 2012-CR-9653. I 

know that the parties were going to discuss an additional 

outstanding case that was pending from 2014. And has that been 

resolved?

State: Yes, Your Honor. 

The Stated agreed to take into consideration an additional theft charge, alleged to have been 

committed on February 20, 2014. 

State: But in exchange for doing that, the State is going to change its 

recommendation on the failure to stop and render aid from 

being silent to being opposed to the application. 

Trial Court: Are you in agreement with that?

Defense Counsel: Yes, Your Honor.

Ramirez then proceeded to testify again. She opined that for the first time she was 

receiving help from her family and asked the court to grant probation and to help her obtain drug 
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treatment. After confirming the State was withdrawing its “lack of recommendation,” the State 

relied on Ramirez’s “fairly abysmal” criminal history and recommended that Ramirez “should do 

some jail time [or] some sort of lockdown [substance abuse] treatment might be in order.” The 

State reiterated its prior recommendation was four years’ confinement and without a 

recommendation as to probation, but that they were now opposing probation.

Court: All right. Ms. Ramirez—[Is] there any legal reason I should not 

proceed at this time?

Defense Counsel: No, Your Honor.

On October 28, 2014, the trial court sentenced Ramirez to four years’ confinement and 

assessed a fine in the amount of $1,500.00. 

Ramirez filed a motion for new trial on November 21, 2014, and an amended motion for 

new trial on January 6, 2015, asserting that the State’s change in its position to remain silent on 

the issue of deferred adjudication or community supervision rendered her plea involuntary. The 

motion was denied by operation of law. The trial court subsequently granted Ramirez’s motion 

for permission to appeal from her plea-bargained case. See TEX. R. APP. P. 25.2(a)(2)(B); see also 

Willis v. State, 121 S.W.3d 400, 403 (Tex. Crim. App. 2003) (holding a trial court’s permission to 

appeal controlled over appellant’s previous written waiver of the right to appeal).

VOLUNTARINESS

A. Standard of Review

We consider Ramirez’s claim using the abuse of discretion standard of review applicable 

to denials of motions for new trial. Riley v. State, 378 S.W.3d 453, 457 (Tex. Crim. App. 2012); 

Roberts v. State, 278 S.W.3d 778, 788 (Tex. App.—San Antonio 2008, pet. ref’d). This standard 

requires the reviewing court to show significant deference to the trial court, “reversing only if the 

trial court’s decision was clearly erroneous and arbitrary.” Riley, 378 S.W.3d at 457 (citing 
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Freeman v. State, 340 S.W.3d 717, 732 (Tex. Crim. App. 2011)). “A trial court abuses its 

discretion if no reasonable view of the record could support the trial court’s ruling.” Id. Under 

this deferential standard of review, we “view the evidence in the light most favorable to the trial 

court’s ruling” and will not substitute our judgment for that of the trial court. Id. Further, we 

“must uphold the trial court’s ruling if it is within the zone of reasonable disagreement.” Id.

B. Applicable Law

A plea bargain is essentially a contractual arrangement made voluntarily and knowingly 

between the State and the defendant, and only these two parties have the authority to alter terms 

of the agreement. See Absalon v. State, 460 S.W.3d 158, 162 (Tex. Crim. App. 2015) (citing 

Moore v. State, 295 S.W.3d 329, 331 (Tex. Crim. App. 2009)). Although the plea agreement is 

not binding on the court, upon acceptance by the court, both parties are bound to the agreement. 

Id. “[P]lea agreements may contain a variety of stipulations and assurances, depending on the 

desires of the State and the defendant.” State v. Moore, 240 S.W.3d 248, 250 (Tex. Crim. App. 

2007); accord Bland v. State, 417 S.W.3d 465, 471 (Tex. Crim. App. 2013).

The role of the trial court in the plea bargain process is limited to “advising the defendant 

whether it will ‘follow or reject’ the bargain.” Moore, 295 S.W.3d at 331–32 (citing TEX. CODE 

CRIM. PROC. ANN. art. 26.13 (West Supp. 2015)). When a trial court provides express approval 

for a plea bargain, it binds all necessary parties to the agreement. Bland, 417 S.W.3d at 471; 

Bitterman v. State, 180 S.W.3d 139, 142 (Tex. Crim. App. 2005); Wright v. State, 158 S.W.3d 590, 

593–94 (Tex. App.—San Antonio 2005, pet. ref’d). If the agreement cannot be enforced, or if the 

prosecution does not perform its responsibilities under the agreement, the plea bargain is 

considered involuntary and the defendant is entitled to withdraw his plea. Bland, 417 S.W.3d at 

471; Bitterman, 180 S.W.3d at 142; Wright, 158 S.W.3d at 593–94.
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C. Arguments on Appeal

On appeal, Ramirez argues the State failed to meet its obligations under the negotiated plea 

bargain she signed on September 19, 2014. Specifically, Ramirez argues the State changed its 

position on remaining silent on the issue of deferred adjudication or community supervision. 

Ramirez states she “was not admonished or even asked if she agreed or even understood the 

change.” 

The State counters the modification in the plea bargain was jointly agreed to on the record. 

In exchange for a dismissal in a separate unrelated criminal case, the State was permitted to oppose 

deferred adjudication or community supervision in the present case. The State honored its 

obligation to dismiss Ramirez’s separate case, and Ramirez benefited from the bargain. We agree 

with the State.

D. Analysis 

Our analysis of Ramirez’s claim that her plea was involuntary by reviewing the totality of 

the circumstances, includes the written plea agreement, the formal record, and prosecutorial or 

judicial participation. Griffin v. State, 703 S.W.2d 193, 196 (Tex. Crim. App. 1986); see Ex Parte 

Moussazadeh, 361 S.W.3d 684, 688 (Tex. Crim. App. 2012).

The record does not support Ramirez’s allegations that her plea was involuntary because 

she “was not admonished or even asked if she agreed or even understood the change.” In fact, the 

record states both parties engaged in private discussions prior to returning to a discussion on the 

record with a unified agreement to modify. Ramirez was subsequently questioned by the trial 

court on three separate occasions. Rather than express disagreement with the modification, the 

record demonstrates Ramirez reaffirmed her approval each time. 

Trial Court: Are you in agreement with that?

Defense Counsel: Yes, Your Honor.
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. . . .

Trial Court: And the State was—it was four years TDC, and now you are 

opposed; is that correct?

State: It was four years silent, and now it’s four opposed.

Court: Okay.

Defense Counsel: Yeah, four over four.

. . .

Trial Court: All right. Ms. Ramirez—Was there any legal reason I should 

not proceed at this time?

Defense Counsel: No, Your Honor.

See TEX. R. APP. P. 33.1; Mendez v. State, 138 S.W.3d 334, 341–42 (Tex. Crim. App. 2004)

(holding that failure to present a timely and specific request, objection, or motion to the trial court 

for a ruling results in waiver or forfeiture of the right to present the claim on appeal). 

Further, the record is clear that the trial court did not initiate or suggest these modifications. 

See Moore, 295 S.W.3d at 332 (“[O]nly the state and the defendant may alter the terms of the 

agreement. . . .”). Although the original plea bargain contained terms precluding the State from 

opposing deferred adjudication or community supervision, the plea bargain was modified with the 

consent of both Ramirez and the State. See id. Absent evidence that the plea was unilaterally 

modified, bilateral modification alone will not equate to an involuntary plea. See id. Based on a 

totality of the circumstances, we cannot conclude that Ramirez’s plea was involuntary. See Griffin,

703 S.W.2d at 196; see also Ex Parte Moussazadeh, 361 S.W.3d at 688.

CONCLUSION

Accordingly, we overrule Ramirez’s sole issue on appeal and affirm the trial court’s 

judgment.

Patricia O. Alvarez, Justice

DO NOT PUBLISH