Daniel Ortega v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00523-CR
Daniel ORTEGA,
Appellant
v.
The State
The STATE of Texas,
Appellee
From the County Court at Law No. 11, Bexar County, Texas
Trial Court No. 436539
The Honorable Tommy Stolhandske, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Jason Pulliam, Justice
Delivered and Filed: September 30, 2015
DISMISSED
On August 31, 2015, 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 within thirty days. 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 file an amended certification or otherwise respond. The clerk’s 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
04-15-00523-CR
defendant has NO right of appeal.” The clerk’s record shows 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).
PER CURIAM
DO NOT PUBLISH
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