Opinion
No. 04-14-00268-CR
05-28-2014
Orlin VASQUEZ-DIAZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR8526
The Honorable Angus K. McGinty, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
DISMISSED
Orlin J. Vasquez Diaz entered into a plea bargain with the State, pursuant to which appellant agreed to plead guilty or nolo contendere to aggravated assault with a deadly weapon. 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." Diaz attempts to appeal the judgment. The clerk's record, containing both the trial court's Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). The clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). We have reviewed the clerk's record, and the trial court's certification appears to accurately state that this is a plea bargain case and Vasquez-Diaz does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk's record to determine whether trial court's certification is accurate). 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." TEX. R. APP. P. 25.2(d).
We notified appellant that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by May 21, 2014. 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). An amended certification showing Vasquez-Diaz has the right to appeal has not been filed. We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).
PER CURIAM Do not publish