Date: 08-13-2022

Case Style:

Marlene Jean Orosco v. The State of Texas

Case Number: 01-20-00328-CR

Judge: PER CURIAM
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.

Court:

Court of Appeals For The First District of Texas

On appeal from The 180th District Court of Harris County

Plaintiff's Attorney: Daniel Clark McCrory
The Honorable Kim K Ogg
Jessica A. Caird

Defendant's Attorney:

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Description:

Houston, TX – Criminal Defense lawyer represented defendant with a robbery charge.

In accordance with the terms of a pleabargain agreement, the trial court signed an order on October 3, 2018, placing
2Orosco on deferred adjudication community supervision for three years. Orosco
filed a notice of appeal from her “conviction.”
1
In criminal cases, the deadline for filing the notice of appeal is thirty days after
the appealable order or judgment is signed. See TEX. R. APP. P. 26.2(a)(1). If a
timely motion for new trial is filed, the deadline is extended to ninety days from the
date the appealable order or judgment is signed. See TEX. R. APP. P. 26.2(a)(2).
Orosco filed no motion for new trial and thus, her notice of appeal was due thirty
days after the trial court signed the order of deferred adjudication on October 3,
2018. Orosco did not file her notice of appeal until March 11, 2020. Thus, her notice
of appeal was not timely filed. Without a timely-filed notice of appeal, we lack
jurisdiction. See TEX. R. APP. P. 25.1(b).
Moreover, in a plea bargain case, a defendant may only appeal those matters
that were raised by written motion filed and ruled on before trial or after getting the
trial court’s permission to appeal. TEX. CODE CRIM. PROC. art. 44.02; TEX. R. APP.
P. 25.2(a)(2). An appeal must be dismissed if a certification showing that the
defendant has the right of appeal has not been made part of the record. TEX. R. APP.
P. 25.2(d).
1 A supplemental clerk’s record was filed in May 2021 revealing that the trial court
had terminated Orosco’s deferred adjudication community supervision and
discharged her.
3
Here, the trial court’s certification is included in the record on appeal. See id.
The trial court’s certification states that this is a plea bargain case and that the
defendant has no right of appeal. See TEX.R. APP. P. 25.2(a)(2). The record supports
the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim.
App. 2005). Because Orosco has no right of appeal, we must dismiss this appeal.
See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of
appeals, while having jurisdiction to ascertain whether an appellant who pleabargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal
without further action, regardless of the basis for the appeal.”).

Outcome: Accordingly, we dismiss the appeal. We dismiss any pending motions as
moot.

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Defendant's Experts:

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