Opinion
No. 04-15-00785-CR
01-20-2016
Billy Jack GUERRA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR4609
Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED
The trial court's certification in this appeal 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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). We must dismiss this appeal "if a certification that shows the defendant has a 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 December 29, 2015, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was made part of the appellate record by January 28, 2016. 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.).
On January 11, 2016, Appellant's court-appointed counsel from the Bexar County Appellate Public Defender's Office filed a response stating that he had reviewed the record, and counsel conceded that this court must dismiss this appeal.
Given Rule 25.2(d)'s requirements, the record, and Appellant's response, we dismiss this appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613.
PER CURIAM DO NOT PUBLISH