Opinion
No. 04-11-00432-CRNo. 04-11-00433-CR
08-31-2011
Luis CASTRO, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 290th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2009-CR-9128 and 2009-CR-12009
Honorable Melisa Skinner, Judge Presiding
PER CURIAM Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
DISMISSED
On July 12, 2011, this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate records on or before August 11, 2011. See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, order). Appellant did not respond. The records do not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certifications in the records state "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain 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 clerk's records support the trial court's certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeals. See TEX. R. APP. P. 25.2(d).
PER CURIAM DO NOT PUBLISH