Laura C. Bustamante v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00810-CR
Laura C. BUSTAMANTE,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2022CR1184
Honorable Melisa C. Skinner, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios Justice
Beth Watkins, Justice
Delivered and Filed: January 11, 2023
DISMISSED
Appellant Laura Bustamante entered into a plea bargain with the State, pursuant to which
she pleaded guilty to the charged offense. The clerk’s record includes the trial court’s certification
stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP.
P. 25.2(a)(2). The record establishes the punishment assessed by the trial court on October 13,
2022 does not exceed the punishment recommended by the prosecutor and agreed to by the
defendant. See id. 25.2(a)(2). The record also supports the trial court’s certification that appellant
does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005)
04-22-00810-CR
(holding court of appeals should review clerk’s record to determine whether trial court’s
certification is accurate).
We must dismiss an appeal “if a certification that shows the defendant has the right of
appeal has not been made part of the record.” Id. R. 25.2(d). On December 8, 2022, we ordered
appellant to file a response establishing an amended certification showing she has the right to
appeal has been made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1. We advised
appellant that if a supplemental clerk’s record was required to show she has the right to appeal,
she was required to request a supplemental record from the trial court clerk and file a copy of the
request with this court. Finally, we admonished appellant that a failure to satisfactorily respond to
this order within the time provided would result in the dismissal of this appeal. Appellant’s counsel
responded to our order stating appellant had “no right to appeal.”
Accordingly, we dismiss this appeal. See id. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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