Edward Rene Flores v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00765-CR
Edward Rene FLORES,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR3773
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 23, 2014
DISMISSED
Pursuant to a plea agreement with the State, appellant Edward Rene Flores pled nolo
contendere to the offense of aggravated assault with a deadly weapon. As part of his plea-bargain,
appellant signed a separate “Waiver of Appeal.” The trial court imposed sentence and signed a
certificate stating that this “is a plea-bargain case, and the defendant has NO right of appeal” and
“the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). After appellant
timely filed a notice of appeal, the clerk sent copies of the certification and notice of appeal to this
04-14-00765-CR
court. See id. R. 25.2(e). The clerk’s record, which includes the plea bargain agreement and the
trial court’s Rule 25.2(a)(2) certification, has been filed. See id. R. 25.2(d).
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant and that the trial court
denied permission to appeal. See id. R. 25.2(a)(2). After reviewing the clerk’s record, the trial
court’s certification therefore appears to accurately reflect that this is a plea bargain case and
appellant does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.
2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s
certification is accurate). This court must dismiss an appeal “if a certification that shows the
defendant has the right of appeal has not been made part of the record.” TEX. R. APP. P. 25.2(d).
On November 7, 2014, we gave appellant notice that the appeal would be dismissed unless
written consent to appeal and an amended certification showing he has the right to appeal were
signed by the trial judge and made part of the appellate record by December 8, 2014. See id. R.
25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on
merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for
publication). Neither written permission to appeal nor an amended certification showing appellant
has the right to appeal has been filed. We therefore dismiss this appeal.
PER CURIAM
Do Not Publish
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