Ramiro Canales v. State

• Court: Court of Appeals of Texas
• Decided: September 29, 2004
• Docket: 04-04-00514-CR
• Status: Published

Opinion

MEMORANDUM OPINION Nos. 04-04-00514-CR; 04-04-00515-CR & 04-04-00516-CR Ramiro CANALES, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court Nos. 2003-CR-4961; 2003-CR-4962 & 2003-CR-8895 Honorable Pat Priest, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: September 29, 2004

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 written plea bargains, 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 August 16, 2004, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless amended trial court certifications showing that the appellant has the right of appeal were made part of the appellate records by September 15, 2004. 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 response was 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DO NOT PUBLISH