Roland Hernandez v. State ( 2015 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00661-CR Roland HERNANDEZ, Appellant v. The The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR7447W Honorable Ray Olivarri, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: December 16, 2015 DISMISSED FOR WANT OF JURISDICTION 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.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an 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). 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 clerk’s record supports the trial court’s certification that defendant has no right of appeal. See 04-15-00661-CR TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel has filed a letter in which he states that he has reviewed the clerk’s record and can find no right of appeal for Appellant; counsel concedes that the trial court’s certification stating the defendant has no right of appeal is correct. In light of the record presented, we agree with appellant’s counsel that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-