Xavier T. Sattiewhite v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00846-CR
Xavier T. SATTIEWHITE,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR10118W
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: January 8, 2014
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).
04-13-00846-CR
Under Rule 25.2(d), this “appeal must be dismissed if a certification that shows the
defendant has a right of appeal has not been made part of the record under these rules.” Id. R.
25.2(d).
On December 12, 2013, we notified Appellant that this appeal would be dismissed under
Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of
appeal was made part of the appellate record by January 13, 2014. See id. R. 25.2(d), 37.1; see
also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d
174, 176 (Tex. App.—San Antonio 2003, no pet.).
On December 18, 2013, Appellant’s court-appointed counsel from the Bexar County
Appellate Public Defender’s Office filed a response stating that he had reviewed the record, and
he could “find no right of appeal for Appellant.” He concluded that this court “has no choice but
to dismiss the appeal.”
Given the record and Appellant’s response, 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DO NOT PUBLISH
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