Matthew Garcia v. State ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00925-CR
Matthew GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2018-CR-5816
Honorable Melisa C. Skinner, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: January 16, 2019
DISMISSED
The trial court’s certification in this appeal states that “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 trial court’s certification accurately reflects that the
underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
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
04-18-00925-CR
of the record under these rules.” TEX. R. APP. P. 25.2(d). On December 5, 2018, we ordered that
this appeal 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 January
4, 2019. 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. 1 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 this appeal.
Accordingly, the appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
1
Garcia filed a pro se document entitled “Explanation and Grounds of Appeal on Negotiated Plea.” Because Garcia
is represented by appointed counsel on appeal and is not entitled to hybrid representation, the pro se document
“present[s] nothing for review.” Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981).
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