Opinion
No. 04-12-00797-CR
01-30-2013
Allan Troy MENDOZA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR1418
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
DISMISSED
Allan Troy Mendoza entered into a plea bargain with the State, pursuant to which he pleaded guilty to aggravated robbery. The trial court imposed sentence in accordance with the agreement and signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). Mendoza timely filed a notice of appeal. The clerk's record, which includes the trial court's rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See Tex. R. App. P. 25.2(d).
The clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. The record further reflects the trial court denied permission to appeal. We have reviewed the clerk's record, and the trial court's certification appears to accurately state that this is a plea bargain case and Mendoza does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk's record to determine whether trial court's certification is accurate). This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Tex. R. App. P. 25.2(d).
On December 12, 2012, this court gave Mendoza notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal was made part of the appellate record by January 11, 2013. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication). An amended certification showing Mendoza has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).
PER CURIAM DO NOT PUBLISH