James Nealy v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00695-CR

James NEALY, Appellant

v. The The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2014-CR-2838-B Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: December 10, 2014

DISMISSED

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.” Rule 25.2(d) of the Texas Rules of Appellate

Procedure provides that an appeal “must be dismissed if a certification that shows the defendant

has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.

25.2(d). The clerk’s record, which was filed electronically, contains a written plea bargain, and

the punishment assessed did not exceed the punishment recommended by the prosecutor and

agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that 04-14-00695-CR

defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel

has filed a letter in which she states that she has reviewed the electronic clerk’s record and can

find no right of appeal for Appellant; counsel concedes that the trial court’s certification stating

the defendant has no right of appeal is correct. In light of the record presented, we agree with

appellant’s counsel that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this

court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See

TEX. R. APP. P. 25.2(d).

DO NOT PUBLISH

-2-