Stephen G. Vidales v. State ( 2014 )


Menu:
  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-14-00118-CR
    Stephen G. VIDALES,
    Appellant
    v.
    The STATE of TexasAppellee
    The STATE of Texas,
    Appellee
    From the 187th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR7839
    Honorable Raymond Angelini, Judge Presiding
    PER CURIAM
    Sitting:          Marialyn Barnard, Justice
    Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Delivered and Filed: April 9, 2014
    DISMISSED
    Pursuant to a plea bargain agreement with the State, appellant Stephen G. Vidales pleaded
    nolo contendere to “continuous violence against family.” 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.” See TEX. R. APP. P. 25.2(a)(2). Appellant timely filed a notice of appeal.
    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 TEX. R. APP. P. 25.2(d). This court must dismiss an
    04-14-00118-CR
    appeal “if a certification that shows the defendant has the right of appeal has not been made part
    of the record.” 
    Id. The court
    gave appellant notice that the appeal would be dismissed unless an amended trial
    court certification showing he has the right to appeal were made part of the appellate record within
    thirty days. See TEX. R. APP. P. 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
    (Tex. App.—
    San Antonio July 2, 2003, pet. ref’d) (not designated for publication). Appellant’s appointed
    appellate counsel filed a written response, stating he requested an amended certification from the
    trial court, but none was filed and he did not expect one to be forthcoming.
    After reviewing the record and counsel’s notice, we agree 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).
    We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).
    PER CURIAM
    Do Not Publish
    -2-
    

Document Info

Docket Number: 04-14-00118-CR

Filed Date: 4/9/2014

Precedential Status: Precedential

Modified Date: 10/16/2015