Jose M. Flores v. State

• Court: Court of Appeals of Texas
• Decided: March 28, 2018
• Docket: 04-18-00073-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00073-CR

Jose M. FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR8346W Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: March 28, 2018

DISMISSED FOR WANT OF JURISDICTION

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 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 defendant has no right of appeal. See 04-18-00073-CR

TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel has filed a document 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 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DO NOT PUBLISH

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