Opinion
No. 04-13-00580-CR
2013-09-11
Fernando DIAZ, Appellant v. THE STATE OF TEXAS, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR6800A
Honorable Maria Teresa Herr, 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).
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 pursuant to 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 11th day of September, 2013.
____________________
Keith E. Hottle
Clerk of Court