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).

Do not publish

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