Terence W. Spencer v. State ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00285-CR
Terence W. SPENCER,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR1677
Honorable Frank J. Castro, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: August 21, 2019
DISMISSED
On June 10, 2019, 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 within thirty days. 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 and an amended certification was not filed. The clerk’s 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
04-19-00285-CR
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 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DO NOT PUBLISH
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