Rosendo Adrian Aguilar v. State

• Court: Court of Appeals of Texas
• Decided: June 21, 2006
• Docket: 04-05-00908-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00908-CR

No. 04-05-00909-CR

No. 04-05-00910-CR

No. 04-05-00911-CR

Rosendo Adrian AGUILAR,

Appellant

v.

The STATE of Texas,

Appellee

From the 63rd Judicial District Court, Val Verde County , Texas

Trial Court Nos. 10176, 10292, 10443 & 10500

Honorable Thomas F. Lee, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion , Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: June 21, 2006

DISMISSED

Pursuant to a plea bargain agreement, appellant, Rosendo Adrian Aguilar, pled guilty to possession of a controlled substance, injury to an elderly person, and aggravated assault. On September 12, 2005, the trial court imposed sentence and signed certifications of defendant's right to appeal stating that this "the defendant has NO right of appeal". See Tex. R. App. P. 25.2(a)(2). After appellant filed his pro se notices of appeal, the court clerk sent copies of the certifications and notices of appeal to this court. See Tex. R. App. P. 25.2(e); see also Tex. R. App. P. 25.2(a)(2) (in a plea bargain case, a defendant may appeal only those matters raised in a written motion ruled on before trial or after obtaining the trial court's permission to appeal).

The clerk's records contain written plea bargain agreements, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant; therefore, the trial court's certifications accurately reflect that appellant's cases are plea bargain cases and he does not have a right of appeal. See Tex. R. App. P. 25.2(a)(2). Rule 25.2(d) provides, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). Accordingly, on May 4, 2006, this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) unless amended trial court certifications that show appellant has the right of appeal were made part of the appellate record. See Daniels v. State,110 S.W.3d 174 (Tex. App.--San Antonio 2003, order); Tex. R. App. P. 25.2(d); 37.1. No amended trial court certifications have been filed; therefore, these appeals are dismissed.

DO NOT PUBLISH