Dwayne Perkins v. State ( 2012 )

MEMORANDUM OPINION
No. 04-12-00340-CR
Dwayne PERKINS,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR8709
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 8, 2012
DISMISSED
On June 14, 2012, 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 contained a written waiver signed by the appellant
pursuant to which he entered a plea of no contest. The trial court’s judgment also reflected 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
04-12-00340-CR
certification accurately reflected that the criminal case is a plea-bargain case. See TEX R. APP. P.
25.2(a)(2).
In our June 14, 2012 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 July 16, 2012, 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DO NOT PUBLISH
-2-