Opinion
No. 04-13-00828-CR
12-03-2013
Saul Matthew CASTILLO, Appellant v. THE STATE OF TEXAS, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR10721
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
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." 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 trial court's certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
Appellant agreed to a punishment assessed of up to five-years' imprisonment and a $1,500.00 fine. The State neither opposed nor recommended community supervision. The trial court granted defendant's request to defer adjudication, did not order imprisonment, and instead ordered six years of community supervision and a $1,500.00 fine. Therefore, the punishment assessed did not exceed the punishment agreed to by the defendant.
This court must dismiss the 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, 182 S.W.3d 675, 680 (Tex. Crim. App. 2006).
Therefore, we ORDER that this appeal will be dismissed under rule 25.2(d) of the Texas Rules of Appellate Procedure unless Appellant causes an amended trial court certification to be filed within THIRTY days of the date of this order showing Appellant has the right of appeal. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).
All other appellate deadlines are SUSPENDED pending further order of this court.
______________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of December, 2013.
_______________
Keith E. Hottle
Clerk of Court