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Valdez v. State

Fourth Court of Appeals San Antonio, Texas
Jan 16, 2019
No. 04-18-00922-CR (Tex. App. Jan. 16, 2019)

Opinion

No. 04-18-00922-CR

01-16-2019

Michele Valdez VALDEZ, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR0909
Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, 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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court must dismiss this appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

On December 5, 2018, 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 January 4, 2019. 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.). To date, no response has been filed.

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PER CURIAM DO NOT PUBLISH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

Valdez v. State

Fourth Court of Appeals San Antonio, Texas
Jan 16, 2019
No. 04-18-00922-CR (Tex. App. Jan. 16, 2019)
Case details for

Valdez v. State

Case Details

Full title:Michele Valdez VALDEZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 16, 2019

Citations

No. 04-18-00922-CR (Tex. App. Jan. 16, 2019)