Michael Kenneth Mitchell-Green v. State ( 2020 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00733-CR Michael Kenneth MITCHELL-GREEN, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR11124 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Liza A. Rodriguez, Justice Delivered and Filed: January 2, 2020 DISMISSED 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.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an 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.” TEX. R. APP. P. 25.2(d). 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 04-19-00773-CR TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel has filed a letter in which he states that he reviewed the clerk’s record and found no right of appeal for appellant. In light of the record presented, we conclude that the trial court’s certification correctly asserts that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-