Raul R. Zinzun v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00338-CR
Raul R. ZINZUN,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR13046
Honorable Angus McGinty, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 6, 2011
DISMISSED
On June 2, 2011, 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.”
The clerk’s record contains a written waiver signed by the appellant in which he entered a plea of
no contest. The trial court’s judgment also reflects a plea bargain agreement, and the punishment
assessed did not exceed the punishment recommended by the prosecutor and agreed to by the
04-11-00338-CR
defendant. Therefore, the trial court’s certification accurately reflects that the criminal case is a
plea-bargain case. See TEX R. APP. P. 25.2(a)(2).
In our June 2, 2011 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 TEX. R. APP. P. 25.2(d). We also warned the appellant 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 June 18, 2011, that shows the appellant has the right of appeal.
See id., 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 (Tex. App.—San Antonio 2003, no pet.). No response was filed.
Accordingly, we dismiss this appeal.
PER CURIAM
DO NOT PUBLISH
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