Andrew Mendiola v. State

• Court: Court of Appeals of Texas
• Decided: December 14, 2015
• Docket: 04-15-00764-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas December 14, 2015

No. 04-15-00764-CR

Andrew MENDIOLA, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR8633 Honorable Kevin M. O'Connell, Judge Presiding

ORDER

The trial court’s certification in this appeal states, “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Texas Rule of Appellate Procedure Rule 25.2(d) provides the record in an appeal brought by a criminal defendant must contain a certification of right to appeal. TEX. R. APP. P. 25.2(d). If the record does not contain a certification that shows the defendant has a right of appeal, the appeal must be dismissed. Id. It is therefore ORDERED this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by December 28, 2015, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending resolution of the certification issue.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2015. ___________________________________ Keith E. Hottle Clerk of Court