Opinion
No. 04-18-00151-CR No. 04-18-00152-CR
05-09-2018
Alejandro ESPARZA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 63rd Judicial District Court, Val Verde County, Texas
Trial Court Nos. 13368CR, 13503CR
Honorable Robert Cadena, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED
The trial court's certifications in each of these appeals state that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain written plea bargain agreements, and the punishment assessed in each appeal did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). 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 under these rules." Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
On March 29, 2018, we notified Appellant that these appeals would be dismissed under Rule 25.2(d) unless amended trial court certifications showing that Appellant has the right of appeal in each case was made part of the respective appellate record by April 30, 2018. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, Appellant has not filed a response in either appeal.
Because Appellant did not file an amended trial court certification in either appeal showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss each appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, these appeals are dismissed.
PER CURIAM DO NOT PUBLISH