Ruben Nerio, Jr. v. State

Court of Appeals of Texas·Decided January 15, 2014·No. 04-13-00763-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00763-CR

Ruben NERIO, Jr., Appellant

v. The State of The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR1990 The Honorable Angus K. McGinty, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: January 15, 2014

DISMISSED

Pursuant to a plea bargain agreement, appellant pled nolo contendere to failure to stop and

render aid-SBI/DEA. The trial court signed a certification of defendant’s right to appeal stating

that this “is a plea-bargain case, and the defendant has NO 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 November 20, 2013, this court issued an order stating this appeal

would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows 04-13-00763-CR

defendant has the right of appeal was 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

certification has been filed; therefore, this appeal is dismissed.

DO NOT PUBLISH

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Related

Daniels v. State
110 S.W.3d 174 (Court of Appeals of Texas, 2003)