Jason David Kimball v. State ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00535-CR
Jason David KIMBALL,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR10002
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: September 11, 2019
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
04-19-00535-CR
of the record under these rules.” TEX. R. APP. P. 25.2(d). On August 21, 2019, 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
September 19, 2019. 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.).
Appellant’s counsel has filed a written response stating that counsel reviewed the record
and “can find no certified right of appeal for appellant.” As a result, counsel concedes this court
“must dismiss the instant attempted appeal.” See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels
v. State, 110 S.W.3d 174, 177 (Tex. App.—San Antonio 2003, no pet.). In light of the record
presented, we agree with appellant’s counsel that Rule 25.2(d) requires this court to dismiss this
appeal. Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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