Opinion
No. 04-15-00764-CR
02-03-2016
Andrew MENDIOLA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR8633
Honorable Kevin M. O'Connell, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice DISMISSED
On December 14, 2015, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant, Andrew Mendiola, has the right of appeal was made part of the appellate record by December 28, 2015. 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). Mendiola did not file an amended certification. The clerk's record does not contain a certification that shows Mendiola has the right of appeal. To the contrary, the trial court certification in the record states "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 and agreed to by Mendiola. The plea agreement contains a waiver of right to appeal. Therefore, the clerk's record supports the trial court's certification that Mendiola has no right of appeal. See TEX. R. APP. P. 25.2(a)(2).
Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d).
PER CURIAM DO NOT PUBLISH