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Salas v. State

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2017
No. 04-16-00753-CR (Tex. App. Jun. 21, 2017)

Opinion

No. 04-16-00753-CR

06-21-2017

Mario Luis SALAS, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR6591
Honorable Melisa Skinner, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED

On May 23, 2017, an amended trial court's certification was filed in this appeal stating "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 underlying case is a plea-bargain case. 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 May 25, 2017, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) unless the trial court certification was further amended by June 8, 2017, to show the 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.). No additional amended trial court certification was filed. In the absence of a trial court certification showing the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss this appeal. Accordingly, the appeal is dismissed.

PER CURIAM DO NOT PUBLISH


Summaries of

Salas v. State

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2017
No. 04-16-00753-CR (Tex. App. Jun. 21, 2017)
Case details for

Salas v. State

Case Details

Full title:Mario Luis SALAS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 21, 2017

Citations

No. 04-16-00753-CR (Tex. App. Jun. 21, 2017)