Laura C. Bustamante v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 04-22-00810-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00810-CR

Laura C. BUSTAMANTE, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR1184 Honorable Melisa C. Skinner, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice

Delivered and Filed: January 11, 2023

DISMISSED

Appellant Laura Bustamante entered into a plea bargain with the State, pursuant to which

she pleaded guilty to the charged offense. The clerk’s record includes the trial court’s certification

stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP.

P. 25.2(a)(2). The record establishes the punishment assessed by the trial court on October 13,

2022 does not exceed the punishment recommended by the prosecutor and agreed to by the

defendant. See id. 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 (Tex. Crim. App. 2005) 04-22-00810-CR

(holding court of appeals should review clerk’s record to determine whether trial court’s

certification is accurate).

We 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. R. 25.2(d). On December 8, 2022, we ordered

appellant to file a response establishing an amended certification showing she has the right to

appeal has been made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1. We advised

appellant that if a supplemental clerk’s record was required to show she has the right to appeal,

she was required to request a supplemental record from the trial court clerk and file a copy of the

request with this court. Finally, we admonished appellant that a failure to satisfactorily respond to

this order within the time provided would result in the dismissal of this appeal. Appellant’s counsel

responded to our order stating appellant had “no right to appeal.”

Accordingly, we dismiss this appeal. See id. 25.2(d).

DO NOT PUBLISH

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