Court of Appeals of Texas, Fourth District, San Antonio
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR10721 Honorable Lori I. Valenzuela, Judge Presiding
Patricia O. Alvarez, Justice
The trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." On December 2, 2013, we ordered Appellant to show cause in writing why this appeal should not be dismissed.
On December 9, 2013, Appellant advised this court that the trial court likely pronounced in open court at the sentencing hearing on October 17, 2013, that Appellant has the right to appeal a pre-trial ruling under Franks v. Delaware, 438 U.S. 154 (1978). See generally Cates v. State, 120 S.W.3d 452, 355-59 (Tex. Crim. App. 2003) (discussing a Franks hearing).
We ORDER the court reporter to prepare and file with this court a record of the sentencing hearing held on October 17, 2013. The reporter must file the record ...