Andrew Mendoza v. State ( 2014 )


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  •                                                                        The State of TexasAppellee/s
    Fourth Court of Appeals
    San Antonio, Texas
    December 16, 2014
    No. 04-14-00857-CR
    Andrew MENDOZA,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR3452A
    Honorable Lorina I. Rummel, Judge Presiding
    ORDER
    The trial court=s certification in this appeal states that Athis 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; therefore, the trial court=s certification accurately
    reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule
    25.2(d) of the Texas Rules of Appellate Procedure provides, AThe 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). It is therefore ORDERED that this appeal will be
    dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant
    causes an amended trial court certification to be filed within thirty (30) days from the date of
    this order showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also
    Daniels v. State, 
    110 S.W.3d 174
     (Tex. App.CSan Antonio 2003, order). All other appellate
    deadlines are SUSPENDED pending our resolution of the certification issue.
    _________________________________
    Rebeca C. Martinez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 16th day of December, 2014.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-14-00857-CR

Filed Date: 12/17/2014

Precedential Status: Precedential

Modified Date: 12/17/2014