Terrance Ramsey v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00509-CR
Terrance RAMSEY,
Appellant
v.
The State
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR5401
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 16, 2015
DISMISSED
The trial court’s initial certification in this appeal stated 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 in this appeal contains a written plea bargain, and the
punishment assessed did not exceed the punishment recommended by the prosecutor and agreed
04-15-00509-CR
to by the defendant. Thus, the clerk’s record supports the trial court’s certification that the appellant
has no right of appeal. See TEX. R. APP. P. 25.2(a)(2).
We warned appellant that this appeal would be dismissed pursuant to Texas Rule of
Appellate Procedure 25.2(d), unless an amended trial court certification showing that he had the
right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v.
State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial court
certification has been filed. 1 Therefore, this appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
1
An amended trial court certification was filed in this case; however, it does not show that appellant has the right to
appeal. Instead, it states that this is a plea bargain case, and the defendant has no right to appeal and that the defendant
has waived the right of appeal.
-2-