Isidro Juan Flores v. State

• Court: Court of Appeals of Texas
• Decided: February 1, 2017
• Docket: 04-16-00804-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00804-CR

Isidro Juan FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR5527 Honorable Ron Rangel, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: February 1, 2017

DISMISSED

Isidro Juan Flores entered into a plea bargain with the State, pursuant to which Flores

pleaded nolo contendere to sexual assault of a child. The trial court imposed sentence in accordance

with the agreement and signed a certificate stating this “is a plea-bargain case, and the defendant

has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Flores timely filed a notice of appeal. The

clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written plea

bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). 04-16-00804-CV

The clerk’s record establishes the punishment assessed by the court does not exceed the

punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P.

25.2(a)(2). We have reviewed the clerk’s record, and the trial court’s certification appears to

accurately state that this is a plea bargain case and Flores does not have a right to appeal. See Dears

v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review

clerk’s record to determine whether trial court’s certification is accurate). This court must dismiss

an appeal “if a certification that shows the defendant has the right of appeal has not been made

part of the record.” TEX. R. APP. P. 25.2(d).

On December 29, 2017, we gave Flores notice that the appeal would be dismissed unless

an amended trial court certification showing he has the right to appeal has been made part of the

appellate record by January 19, 2017. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110

S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003

WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication). An amended certification

showing Flores has the right to appeal has not been filed. We therefore dismiss this appeal. TEX.

R. APP. P. 25.2(d).

Do not publish

-2-