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Molina v. State

Fourth Court of Appeals San Antonio, Texas
Dec 19, 2012
No. 04-12-00662-CR (Tex. App. Dec. 19, 2012)

Opinion

No. 04-12-00662-CR

12-19-2012

Patricia MOLINA, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR7390

Honorable Angus McGinty, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice
DISMISSED

On November 1, 2012, we notified the appellant that the trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." Additionally, the clerk's record contains a written waiver signed by the appellant pursuant to which she entered a plea of guilty. The trial court's judgment also shows that there was a plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court's certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

In our November 1, 2012 order, we warned the appellant that "[this] appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." See id. R. 25.2(d). We ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed by December 3, 2012, that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss this appeal.

PER CURIAM

DO NOT PUBLISH


Summaries of

Molina v. State

Fourth Court of Appeals San Antonio, Texas
Dec 19, 2012
No. 04-12-00662-CR (Tex. App. Dec. 19, 2012)
Case details for

Molina v. State

Case Details

Full title:Patricia MOLINA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 19, 2012

Citations

No. 04-12-00662-CR (Tex. App. Dec. 19, 2012)