Robert Martinez, Jr. v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00412-CR
Robert MARTINEZ, Jr.,
Appellant
v.
The State
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR6698
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: August 6, 2014
APPEAL DISMISSED
Appellant pled nolo contendre to Driving While Intoxicated-3D/M (Habitual) and was
sentenced within the terms of a plea bargain. The trial court’s certification of appellant’s right to
appeal states this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R.
APP. P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent copies of the
certification and notice of appeal to this court. See TEX. R. APP. P. 25.2(e).
Appellant filed a pro se notice of appeal, in which he asserts he intends to appeal from a
pretrial order granting his appointed attorney’s motion to withdraw. Appellant was later assigned
04-14-00412-CR
another appointed attorney. The clerk’s record contains a written plea bargain agreement, and the
punishment assessed did not exceed the punishment recommended by the State and agreed to by
the appellant. The clerk’s record does not contain any orders ruling on any pre-trial motions.
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 June 24, 2014, 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
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.
No amended trial court certification has been filed; therefore, this appeal is dismissed.
PER CURIAM
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