Raul Armando Garcia v. State

Opinion

MEMORANDUM OPINION Nos. 04-11-00482-CR & 04-11-00483-CR

Raul Armando GARCIA, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court Nos. 2011CR5296W & 2010CR11895 Honorable Angus McGinty, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: August 31, 2011

DISMISSED

The trial court’s certification in each of these appeals states that “this criminal case is a

plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record for each appeal

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 criminal case is a plea-bargain case. See TEX. R. APP. P.

25.2(a)(2). 04-11-00482-CR & 04-11-00483-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 July 20, 2011, we ordered that

these appeals 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 by August 19, 2011. 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 these

appeals. Accordingly, the appeals are dismissed.

DO NOT PUBLISH

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