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Vasquez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 2, 2005
No. 04-04-00823-CR (Tex. App. Mar. 2, 2005)

Opinion

No. 04-04-00823-CR

Delivered and Filed: March 2, 2005. DO NOT PUBLISH.

Appeal from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-1421C, Honorable Teresa Herr, Judge Presiding. Dismissed.

Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.


MEMORANDUM OPINION


Angel Sanchez Vasquez pleaded guilty to capital murder in exchange for the State's agreement not to seek the death penalty. The trial court imposed sentence in accordance with the agreement and signed a certificate stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex.R.App.P. 25.2(a)(2). Vasquez timely filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See Tex.R.App.P. 25.2(d). "In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex.R.App.P. 25.2(a)(2). The clerk's record, which contains a written plea bargain agreement, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex.R.App.P. 25.2(a)(2). In his notice of appeal, Vasquez states that the basis for his appeal is that the trial court granted him permission to appeal. He also states that he is not seeking to appeal matters that were raised by written motion filed and ruled on before trial. The clerk's record does not indicate the trial court gave Vasquez permission to appeal, and the reporter's record reflects only that the trial court advised Vasquez of his right to appeal matters raised by written motion filed and ruled on before trial. On January 7, 2005, we gave Vasquez notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal were made part of the appellate record by February 7, 2005. 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. filed) (not designated for publication). No amended certification has been filed. We therefore dismiss this appeal. Tex.R.App.P. 25.2(d).


Summaries of

Vasquez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 2, 2005
No. 04-04-00823-CR (Tex. App. Mar. 2, 2005)
Case details for

Vasquez v. State

Case Details

Full title:ANGEL SANCHEZ VASQUEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 2, 2005

Citations

No. 04-04-00823-CR (Tex. App. Mar. 2, 2005)