David Delgado v. State ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00566-CR
David DELGADO,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR4757
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: November 14, 2012
DISMISSED
Pursuant to a plea-bargain agreement, David Delgado pled guilty to aggravated robbery
and was sentenced to ten years and a fine of $2,000 in accordance with the terms of his plea-
bargain agreement. On August 6, 2012, the trial court signed a certification of defendant’s right
to appeal 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). After Delgado filed a notice of appeal, the trial court clerk sent copies
of the certification and notice of appeal to this court. See id. 25.2(e). The clerk’s record, which
includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
04-12-00566-CR
“In a plea bargain case ... a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission
to appeal.” Id. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes
the punishment assessed by the court does not exceed the punishment recommended by the
prosecutor and agreed to by the defendant. See id. The clerk’s record does not include a written
motion filed and ruled upon before trial; nor does it indicate that the trial court gave its
permission to appeal. See id. The trial court’s certification, therefore, appears to accurately
reflect that this is a plea-bargain case and that Delgado does not have a right to appeal. We must
dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been
made part of the record.” Id. 25.2(d).
We therefore warned Delgado that this appeal would be dismissed pursuant to Texas
Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that
Delgado has the right to appeal is made part of the appellate record by October 18, 2012. See
TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003,
order). No such amended trial court certification has been filed. This appeal is, therefore,
dismissed pursuant to Rule 25.2(d).
PER CURIAM
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