Dianna Wyrick Rodriguez AKA Dianna Emmarose Ring v. State ( 2015 )


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  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-15-00187-CR
    Dianna Wyrick RODRIGUEZ aka Dianna Emmarose Ring,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR6190
    Honorable Raymond Angelini, Judge Presiding
    PER CURIAM
    Sitting:           Sandee Bryan Marion, Chief Justice
    Marialyn Barnard, Justice
    Rebeca C. Martinez, Justice
    Delivered and Filed: May 13, 2015
    DISMISSED
    The trial court’s certification in this appeal states that “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; therefore, the trial court’s certification accurately reflects that the
    underlying 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, “The appeal must be
    dismissed if a certification that shows the defendant has a right of appeal has not been made part
    04-14-00187-CR
    of the record under these rules.” TEX. R. APP. P. 25.2(d). On April 9, 2015, we ordered that this
    appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification
    showing that the appellant has the right of appeal was made part of the appellate record by May 7,
    2015. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 
    154 S.W.3d 610
    (Tex. Crim. App.
    2005); Daniels v. State, 
    110 S.W.3d 174
    (Tex. App.—San Antonio 2003, no pet.). No response
    was filed. In the absence of an amended trial court certification showing that the appellant has the
    right of appeal, rule 25.2(d) requires this court to dismiss this appeal. Accordingly, the appeal is
    dismissed.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-15-00187-CR

Filed Date: 5/18/2015

Precedential Status: Precedential

Modified Date: 5/18/2015