Eric Cerda v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00276-CR
Eric CERDA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2023CR6137
Honorable Christine Del Prado, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: June 26, 2024
DISMISSED
Appellant Eric Cerda entered into a plea bargain with the State pursuant to which he
pleaded guilty to possession of a controlled substance. The trial court imposed sentence in
accordance with the agreement and signed a certificate stating this “is a plea-bargain case, and the
defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant filed a notice of
appeal, and the district clerk filed a copy of the clerk’s record, which includes the trial court’s Rule
25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). We must dismiss
04-24-00276-CR
an appeal “if a certification that shows the defendant has the right of appeal has not been made
part of the record.” Id.
Here, the clerk’s record establishes the punishment assessed by the trial court does not
exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.
25.2(a)(2). The record also supports the trial court’s certification that appellant does not have a
right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of
appeals should review clerk’s record to determine whether trial court’s certification is accurate).
On April 22, 2024, we notified appellant that we would dismiss this appeal pursuant to
Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing
that appellant has the right to appeal was made part of the appellate record by May 22, 2024. See
TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003,
order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not
designated for publication). No amended certification was filed. Accordingly, we dismiss this
appeal.
PER CURIAM
DO NOT PUBLISH
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