Jesse Garrett Weitenbeck v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00470-CR
Jesse Garrett WEITENBECK,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7674
Honorable Steve Hilbig, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 22, 2018
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.” 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 trial court’s certification accurately reflects that the
underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be
dismissed if a certification that shows the defendant has a right of appeal has not been made part
04-18-00470-CR
of the record under these rules.” TEX. R. APP. P. 25.2(d). On July 16, 2018, we ordered that this
appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification
showing that the appellant has the right of appeal was made part of the appellate record by August
13, 2018. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim.
App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).
On August 9, 2018, appellant’s attorney filed a response requesting that this court retain
the appeal on its docket; however, the response also states the trial court denied appellant’s motion
to amend the trial court’s certification. In the absence of an amended trial court certification
showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss this
appeal. Accordingly, the appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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