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Adame v. State

Fourth Court of Appeals San Antonio, Texas
Mar 4, 2015
No. 04-14-00909-CR (Tex. App. Mar. 4, 2015)

Opinion

No. 04-14-00909-CR

03-04-2015

Jacob ADAME, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR1526A
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED

On January 7, 2015, 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. 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 did not file an amended certification. The clerk's record does 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 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PER CURIAM DO NOT PUBLISH


Summaries of

Adame v. State

Fourth Court of Appeals San Antonio, Texas
Mar 4, 2015
No. 04-14-00909-CR (Tex. App. Mar. 4, 2015)
Case details for

Adame v. State

Case Details

Full title:Jacob ADAME, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 4, 2015

Citations

No. 04-14-00909-CR (Tex. App. Mar. 4, 2015)