Luis Sosa v. State

• Court: Court of Appeals of Texas
• Decided: March 2, 2005
• Docket: 04-04-00842-CR
• Status: Published

Opinion

MEMORANDUM OPINION

Nos. 04-04-00841-CR & 04-04-00842-CR

Luis SOSA,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2003-CR-9681-B & 2004-CR-5083-B

Honorable Juanita Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed:   March 2, 2005

DISMISSED

            The trial court’s certifications in these appeals state that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s records contain 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 trial court’s certifications accurately reflect that the underlying cases are plea-bargain cases. See Tex. R. App. P. 25.2(a)(2).

            Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” Tex. R. App. P. 25.2(d). On December 21, 2004, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless amended trial court certifications showing that the appellant had the right of appeal were made part of the appellate records by January 17, 2005; however, we subsequently extended that deadline to February 7, 2005. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). No amended trial court certifications have been filed. In the absence of amended trial court certifications showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

DO NOT PUBLISH