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Hinojosa v. State

Fourth Court of Appeals San Antonio, Texas
Dec 10, 2014
No. 04-14-00725-CR (Tex. App. Dec. 10, 2014)

Opinion

No. 04-14-00725-CR No. 04-14-00726-CR

12-10-2014

Joe Eric HINOJOSA, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 187th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2013CR10041 & 2013CR10042
Honorable Raymond Angelini, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice DISMISSED

The trial court's certification in each of these appeals states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record for each appeal 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 underlying cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2).

Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." TEX. R. APP. P. 25.2(d). On October 29, 2014, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate records by November 24, 2014. 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.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

PER CURIAM DO NOT PUBLISH


Summaries of

Hinojosa v. State

Fourth Court of Appeals San Antonio, Texas
Dec 10, 2014
No. 04-14-00725-CR (Tex. App. Dec. 10, 2014)
Case details for

Hinojosa v. State

Case Details

Full title:Joe Eric HINOJOSA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 10, 2014

Citations

No. 04-14-00725-CR (Tex. App. Dec. 10, 2014)