John David Allen v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2024
• Docket: 04-24-00043-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00043-CR

John David ALLEN, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR4900 Honorable Frank J. Castro, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: March 6, 2024

DISMISSED

In the clerk’s record for this appeal, the trial court’s certification states “this criminal case

is a plea-bargain case, and the defendant has NO right of appeal.” It also contains a written plea

bargain, and the punishment assessed did not exceed the punishment recommended by the

prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2).

Under Rule 25.2, if the clerk’s record does not contain “a certification that shows the

defendant has the right of appeal,” this court must dismiss this appeal. Id. R. 25.2(d); see Chavez

v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). 04-24-00043-CR

On January 23, 2024, we notified Appellant that this appeal would be dismissed under Rule

25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal

was made part of the appellate record by February 22, 2024. See TEX. R. APP. P. 25.2(d), 37.1;

see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d

174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, no response has been filed.

Because no response has been filed that contains an amended trial court certification

showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this

appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is

dismissed.

Do not publish

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