Raymond Zapata v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00384-CR
Raymond ZAPATA,
Appellant
v.
The State of TexasAppellee
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR6345
Honorable Steve Hilbig, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 29, 2015
APPEAL DISMISSED
Pursuant to a plea bargain agreement, defendant pled guilty to aggravated robbery and was
sentenced within the terms of the plea bargain. The trial court signed a certification of defendant’s
right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of appeal.”
See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, “The 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). Accordingly, on July 16, 2015, this court issued an
order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court
04-15-00384-CR
certification that shows defendant has the right of appeal was made part of the appellate record.
See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P.
25.2(d); 37.1.
On July 20, 2015, defendant’s appellate counsel filed a response to our order stating he was
“compelled to concede that [defendant] has no right of appeal from the underlying criminal case”
and that this court “may dismiss this appeal for that reason.” In light of the record presented, we
agree with defendant’s counsel that Rule 25.2(d) requires this court to dismiss this appeal.
Accordingly, this appeal is dismissed.
PER CURIAM
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