Alexander Michael Franklin v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00182-CR
Alexander Michael FRANKLIN,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR0179W
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 28, 2014
DISMISSED
On April 9, 2014, we notified the appellant that 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.”
Additionally, the clerk’s record contains a written waiver signed by the appellant pursuant to which
he entered a plea of nolo contendere. The trial court’s judgment also shows that there was a plea
bargain agreement, 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 this criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
04-14-00182-CR
In our April 9, 2014 order, we warned the appellant that “[this] 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.” See id. R. 25.2(d). We ordered that this appeal would be dismissed
pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed
by May 9, 2014 that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also
Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174,
176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss
this appeal.
PER CURIAM
DO NOT PUBLISH
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