Victor N. Cervantes v. State ( 2019 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00796-CR
    Victor N. CERVANTES,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 187th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017CR11119
    Honorable Joey Contreras, Judge Presiding
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: January 16, 2019
    DISMISSED
    On December 7, 2018, 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 appellant has the
    right of appeal was made part of the appellate record within thirty days of the order. See TEX. R.
    APP. P. 25.2(d), 37.1; see also Daniels v. State, 
    110 S.W.3d 174
    , 175-76 (Tex. App.—San Antonio
    2003, order). Appellant’s counsel filed a response in which he states he is unable to find a
    justification to file an amended trial court certification in this case. In light of the record presented,
    Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record does
    04-18-00796-CR
    not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial
    court certification in the record 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; therefore, the clerk’s record supports the trial court’s certification that the defendant
    has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See
    TEX. R. APP. P. 25.2(d).
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-18-00796-CR

Filed Date: 1/16/2019

Precedential Status: Precedential

Modified Date: 1/17/2019