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Salinas v. State

Fourth Court of Appeals San Antonio, Texas
Apr 9, 2014
No. 04-14-00066-CR (Tex. App. Apr. 9, 2014)

Opinion

No. 04-14-00066-CR

04-09-2014

Jesse Joe SALINAS, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 218th Judicial District Court, Karnes County, Texas

Trial Court No. 12-11-00098-CRK

Honorable Stella Saxon, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED

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." 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).

Under Rule 25.2(d), this "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 February 13, 2014, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was made part of the appellate record by March 17, 2014. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). On March 25, 2014, Appellant filed a motion to dismiss his court-appointed counsel and to grant his previous pro se motions this court earlier denied based on hybrid representation, but he did not file an amended trial court certification. Appellant's motions are denied.

Absent an amended trial court certification showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is dismissed.

PER CURIAM DO NOT PUBLISH


Summaries of

Salinas v. State

Fourth Court of Appeals San Antonio, Texas
Apr 9, 2014
No. 04-14-00066-CR (Tex. App. Apr. 9, 2014)
Case details for

Salinas v. State

Case Details

Full title:Jesse Joe SALINAS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 9, 2014

Citations

No. 04-14-00066-CR (Tex. App. Apr. 9, 2014)