Rafael Tejada v. State ( 2010 )

MEMORANDUM OPINION
No. 04-10-00517-CR
Rafael TEJADA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-3805
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 3, 2010
DISMISSED
On September 10, 2010, we notified Appellant that 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.” Additionally, the clerk’s record contained a written waiver signed by the appellant
pursuant to which he entered a plea of no contest. The trial court’s judgment also reflected that
there was a plea bargain agreement, and the punishment assessed did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s
04-10-00517-CR
certification accurately reflected that the criminal 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
of the record under these rules.” TEX. R. APP. P. 25.2(d). We, therefore, ordered that this appeal
would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless
appellant caused an amended trial court certification to be filed by October 11, 2010, 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.). No response has been received by this court. We, therefore, dismiss this appeal
in accordance with Rule 25.2(d) of the Texas Rules of Appellate Procedure.
PER CURIAM
DO NOT PUBLISH
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