From Casetext: Smarter Legal Research

Villarreal v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 5, 2007
No. 04-07-00439-CR (Tex. App. Sep. 5, 2007)

Opinion

No. 04-07-00439-CR

Delivered and Filed: September 5, 2007. DO NOT PUBLISH.

Appeal from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-0822A, Honorable Sid L. Harle, Judge Presiding. DISMISSED.

Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On July 10, 2007, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record on or before August 9, 2007. See Tex. R. App. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, order). Appellant did not respond. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states "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 clerk's record supports the trial court's certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d).


Summaries of

Villarreal v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 5, 2007
No. 04-07-00439-CR (Tex. App. Sep. 5, 2007)
Case details for

Villarreal v. State

Case Details

Full title:Arnulfo VILLARREAL, Appellant v. The STATE of Texas, Appellee

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

Date published: Sep 5, 2007

Citations

No. 04-07-00439-CR (Tex. App. Sep. 5, 2007)