Adam Christopher King v. the State of Texas ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00356-CR
Adam Christopher KING,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2021CR2208
Honorable Melissa C. Skinner, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: February 16, 2022
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.” Rule 25.2(d) of the Texas Rules of Appellate
Procedure provides that an appeal “must be dismissed if a certification that shows the defendant
has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.
25.2(d). 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
04-21-00356-CR
TEX. R. APP. P. 25.2(a)(2). We issued a show cause order stating this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification
showing that appellant has the right to appeal was made part of the appellate record. See TEX. R.
APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order).
Appellant did not respond. In light of the record presented, we conclude that the trial court’s
certification correctly asserts that the defendant has no right of appeal; therefore, Rule 25.2(d)
requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is
dismissed. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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