Moses Salas, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: May 19, 2010
• Docket: 04-09-00826-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-09-00826-CR

Moses SALAS, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 81st Judicial District Court, Wilson County, Texas Trial Court No. 08-01-013-CRW Honorable Donna S. Rayes, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: May 19, 2010

DISMISSED

The trial court’s certification in this appeal states that “this criminal case is a plea-bargain

case, and the defendant has waived the right of appeal.” 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 trial court’s certification accurately

reflects that the underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). 04-09-00826-CR

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 March 12, 2010, we ordered that

this appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court

certification showing that the appellant has the right of appeal was made part of the appellate

record. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim.

App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). No

response was filed. In the absence of an amended trial court certification showing that the

appellant has the right of appeal, rule 25.2(d) requires this court to dismiss this appeal.

Accordingly, the appeal is dismissed.

DO NOT PUBLISH

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