Luis Castro v. State ( 2011 )

MEMORANDUM OPINION
Nos. 04-11-00432-CR and 04-11-00433-CR
Luis CASTRO,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2009-CR-9128 and 2009-CR-12009
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: August 31, 2011
DISMISSED
On July 12, 2011, this court issued an order stating these appeals 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 records on or before August 11, 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 did not respond. The records do not contain a certification that
shows the defendant has the right of appeal; to the contrary, the trial court certifications in the
04-11-00432-CR & 04-11-00433-CR
records state “this criminal case is a plea-bargain case, and the defendant has NO right of
appeal.” The clerk’s records contain 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 records support the trial court’s certification that defendant has no right of
appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeals. See TEX. R. APP.
P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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