Robert Martinez, Jr. v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00266-CR
Robert MARTINEZ, Jr.,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR4546
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 18, 2014
DISMISSED
On May 22, 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 appellant has the right of
appeal was made part of the appellate record on or before June 23, 2014. See TEX. R. APP. P.
25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003,
order). Appellant’s counsel filed a response 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 appeal must be
dismissed. In light of the record presented, we agree with appellant’s counsel that Rule 25.2(d)
04-14-00266-CR
requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record does not contain a
certification that shows the defendant has the right of appeal; to the contrary, the trial court
certification in the record states “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 clerk’s record supports the trial court’s certification that the defendant
has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See
TEX. R. APP. P. 25.2(d).
PER CURIAM
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