Eliezer Cruz v. State ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
Nos. 04-16-00582-CR & 04-16-00583-CR
Eliezer CRUZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2016CR4935 & 2015CR9345
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 7, 2016
DISMISSED
On September 27, 2016, this court issued an order stating these appeals 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 each appellate record within thirty days of the order. 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). Before we issued the order, appellant’s counsel filed a “Motion For Leave to
Withdraw as Counsel on Appeal” in which he states appellant has no right to appeal the judgments
pursuant to Rule 25.2. In light of the record presented, we agree that Rule 25.2(d) requires this
04-16-00582-CR & 04-16-00583-CR
court to dismiss these appeals. TEX. R. APP. P. 25.2(d). The record does not contain a certification
that shows appellant 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 appellant; therefore, the clerk’s
record supports the trial court’s certification that appellant has no right of appeal. See TEX. R. APP.
P. 25.2(a)(2). Accordingly, we dismiss the appeals. See TEX. R. APP. P. 25.2(d).
PER CURIAM
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