Jose Lucio Mendez v. State ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00356-CR
Jose Lucio MENDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CR-10353
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
DISMISSED
Jose Lucio Mendez pleaded guilty or no contest to aggravated assault with a deadly weapon
pursuant to a plea bargain agreement. As part of the plea bargain, Mendez signed a waiver of his
right to appeal. The trial court imposed sentence in accordance with the agreement and signed a
certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX .
R. APP . P. 25.2(a)(2). Mendez timely filed a notice of appeal. The clerk’s record, which includes
04-10-00356-CR
the trial court’s Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed.
See TEX . R. APP . P. 25.2(d).
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. See TEX . R. APP . P.
25.2(a)(2). The record also appears to support the trial court’s certification that Mendez does not
have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that
court of appeals should review clerk’s record to determine whether trial court’s certification is
accurate). This court must dismiss an appeal “if a certification that shows the defendant has the right
of appeal has not been made part of the record.” TEX . R. APP . P. 25.2(d).
On May 26, 2010, we gave Mendez notice that the appeal would be dismissed unless an
amended trial court certification showing he has the right to appeal were made part of the appellate
record by June 25, 2010. See TEX . R. APP . P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.
App.–San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July
2, 2003, pet. ref’d) (not designated for publication). An amended certification showing Mendez has
the right to appeal has not been filed. We therefore dismiss this appeal. TEX . R. APP . P. 25.2(d).
PER CURIAM
Do not publish
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