Edward Hernandez v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00647-CR

Edward HERNANDEZ,

Appellant

v.

The State of

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR10559 Honorable Mary D. Roman, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: October 1, 2014 DISMISSED On September 18, 2014, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification showing appellant had the right of appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175–76 (Tex. App.—San Antonio 2003, order). Appellant’s counsel filed a response in which he states that he has reviewed the clerk’s record and “can find no right of appeal” for appellant; counsel concedes that the appeal must be dismissed. In light of the record presented, we agree with appellant’s counsel that Rule 25.2(d) requires this court to dismiss this

04-14-00647-CR

appeal. TEX. R. APP. P. 25.2(d). The record does not contain a certification that shows appellant has the right of appeal; to the contrary, the trial court certification in the record states this criminal case “is a plea-bargain case, and the defendant has NO right of appeal.” The record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by appellant. Therefore, the record supports the trial court’s certification that the appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, this appeal is dismissed. See TEX. R. APP. P. 25.2(d).

PER CURIAM

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