Jonathan Martinez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 27, 2023
• Docket: 04-23-00708-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00708-CR

Jonathan MARTINEZ, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR3418 Honorable Kristina Escalona, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: September 27, 2023

DISMISSED

Appellant Jonathan Martinez entered into a plea bargain with the State pursuant to which

he pleaded nolo contendere to aggravated assault with a deadly weapon. 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). Appellant filed a

notice of appeal, and the district clerk filed a copy of the clerk’s record, which includes the trial

court’s Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). We 04-23-00708-CR

must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not

been made part of the record.” Id.

Here, the clerk’s record establishes the punishment assessed by the trial court does not

exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.

25.2(a)(2). The record also supports the trial court’s certification that appellant does not have a

right to appeal. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005) (holding that

court of appeals should review clerk’s record to determine whether trial court’s certificate is

accurate).

On August 11, 2023, we ordered that this appeal would be dismissed pursuant to Rule

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

was made part of the appellate record by September 11, 2023. See TEX. R. APP. P. 25.2(d), 37.1;

see also Dears, 154 S.W.3d at 614; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio

2003, no pet.). Neither an amended certification nor other response has been filed. We therefore

dismiss this appeal. See TEX. R. APP. P. 25.2(d).

DO NOT PUBLISH

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