Moises Trujillo v. State ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00303-CR
Moises TRUJILLO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR4416
Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: June 15, 2016
DISMISSED
The trial court’s certification in this appeal 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; 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 a 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).
04-16-00303-CR
On May 23, 2016, 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 June 22, 2016. 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.).
On June 1, 2016, Appellant’s court-appointed counsel from the Bexar County Public
Defender’s Office filed a response stating that counsel had reviewed the record, and counsel
conceded that this court must dismiss this appeal.
Given Rule 25.2(d)’s requirements, the record, and Appellant’s response, we dismiss this
appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613.
PER CURIAM
DO NOT PUBLISH
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