Opinion
No. 04-13-00220-CR
05-29-2013
Gabriel Castillo REYES, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR2065
Honorable Angus McGinty, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
DISMISSED
On April 16, 2013, we notified Appellant that 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." Additionally, the clerk's record contained a written waiver signed by Appellant pursuant to which he entered a plea of no contest. The trial court's judgment also reflected that there was a plea bargain agreement, 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 reflected that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
In our April 16, 2013 order, we warned Appellant that "[this] appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." See id. R. 25.2(d). We ordered that this appeal would be dismissed under Rule 25.2(d) unless Appellant caused an amended trial court certification to be filed by May 16, 2013, that showed Appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss this appeal.
PER CURIAM DO NOT PUBLISH