Opinion

Carlos Manuel Rivera v. State

Court
Court of Criminal Appeals of Texas
Filed
Jun 7, 2018
Status
Published
Cited by
0 cases
Authority
More cited than 4.5%

The opinion

CHIEF JUSTICE LISA MATZ

CAROLYN WRIGHT CLERK OF THE COURT

(214) 712-3450

JUSTICES theclerk@5th.txcourts.gov

DAVID L. BRIDGES

MOLLY FRANCIS GAYLE HUMPA

DOUGLAS S. LANG BUSINESS ADMINISTRATOR

ELIZABETH LANG-MIERS (214) 712-3434

ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov

LANA MYERS Court of Appeals

DAVID EVANS FACSIMILE

ADA BROWN Fifth District of Texas at Dallas (214) 745-1083

CRAIG STODDART

600 COMMERCE STREET, SUITE 200

BILL WHITEHILL INTERNET

DAVID J. SCHENCK DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX

JASON BOATRIGHT (214) 712-3400

March 15, 2018

Honorable Jeanine Howard

Presiding Judge

Criminal District Court No. 6

Frank Crowley Courts Building

133 N. Riverfront Blvd., LB-11

Dallas, TX 75207

RE: Court of Appeals Numbers: 05-18-00053-CR, 05-18-00054-CR,

05-18-00055-CR & 05-18-00056-CR

Trial Court Case Numbers: F17-45821-X, F17-45822-X,

F17-45823-X & F17-45824-X

Style: Carlos Manuel Rivera v. The State of Texas

Dear Judge Howard:

After reviewing the records in the above appeals, the Court notes that the trial court’s

certifications of appellant’s right to appeal incorrectly state appellant is not entitled to appeal his

convictions. Specifically, each certification states appellant waived his right to appeal.

The records show appellant pleaded open to each offense, i.e., he pleaded guilty without

the benefit of a plea bargain. On the forms marked “Plea Agreement,” the box indicating

appellant waived his right to appeal was checked in cause numbers F17-45822-X, F17-45823-X

& F17-45824-X (court of appeal numbers 05-18-00054-CR, 05-18-00055-CR & 05-18-00056-

CR); the box was not checked in cause number F17-45821-X (appellate cause #05-18-00053-

CR).

However, the records also show that the waivers of his right to appeal in cause numbers

F17-45822-X, F17-45823-X & F17-45824-X were executed before the trial court found him

guilty, they were not bargained for, and there was no recommended sentence in any of the cases.

Under these circumstances, the Texas Court of Criminal Appeals has determined an appellant’s

waiver of his right to appeal is not knowing and intelligent and does not bar him from appealing

his convictions. See Ex parte Delaney, 207 S.W.3d 794, 798-800 (Tex. Crim. App. 2006).

Because the records show appellant has not waived his right to appeal in any of these

cases, please file, within TEN DAYS of the date of the letter, a corrected certification of

appellant’s right to appeal that accurately reflects appellant has the right to appeal in each of the

above cases.

We appreciate your attention to this matter.

Respectfully,

/s/ Lisa Matz, Clerk of the Court

LM/cg

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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