Pedro Jimenez v. State ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00802-CR
Pedro JIMENEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR8610
Honorable Frank J. Castro, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: March 4, 2020
APPEAL DISMISSED
Appellant Pedro Jimenez entered into a plea bargain with the State pursuant to which he
pleaded guilty to felon in possession of a firearm as a repeat offender. 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). Appellant timely
filed a notice of appeal, and the district clerk filed a copy of the clerk’s record, which includes the
trial court’s Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d).
 04-19-00802-CR
“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to
appeal, or (C) where the specific appeal is expressly authorized by statute.” Id. R. 25.2(a). We
must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not
been made part of the record.” Id. R. 25.2(d).
Here, the clerk’s record establishes the punishment assessed by the trial court does not
exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.
25.2(a)(2). The record also supports the trial court’s certification that appellant does not have a
right to appeal. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005) (holding that
court of appeals should review clerk’s record to determine whether trial court’s certification is
accurate).
On January 7, 2020, we gave appellant notice that this appeal would be dismissed pursuant
to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing
that appellant has the right to appeal was made part of the appellate record by February 6, 2020.
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). Neither an amended certification nor other response has been
filed. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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