Rene Guerrero v. State ( 2012 )

MEMORANDUM OPINION
No. 04-12-00394-CR
Rene GUERRERO,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR4356W
Honorable Angus McGinty, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: August 15, 2012
DISMISSED
On July 6, 2012, 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 August 6, 2012. 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
04-12-00394-CR
the appeal must be dismissed. In light of the record presented, we agree with appellant’s counsel
that Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record
does not contain a certification that shows the appellant 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 appellant; therefore, the clerk’s record supports the trial court’s certification that the
appellant 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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