Robert Rodriguez v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2020
• Docket: 04-20-00317-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 31, 2020

No. 04-20-00317-CR

Robert RODRIGUEZ, Appellant v. The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CR-10735 Honorable Lori I. Valenzuela, Judge Presiding

ORDER

The trial court’s certification in this appeal states “this criminal case is a plea-bargain case, and the defendant has NO 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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court must dismiss this appeal “if a certification that she defendant has a right of appeal has not been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). We ORDER Appellant to cause an amended trial court certification to be filed in this court within THIRTY days of the date of this order showing Appellant has the right of appeal. 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.). If no amended trial court certification is filed as ordered, this appeal will be dismissed. See TEX. R. APP. P. 25.2(d). All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of August, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court