Patricia Castaneda v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00528-CR
Patricia CASTANEDA,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CR-5723W
Honorable Juanita A. Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: August 31, 2011
DISMISSED
On August 16, 2011, 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 September 15, 2011. 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 electronic record and “can find no right of appeal for Appellant;” counsel concedes
04-11-00528-CR
that 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 defendant 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 defendant; therefore, the clerk’s record supports the trial court’s certification
that the defendant 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
DO NOT PUBLISH
-2-