Victor Javier Cruz Torres v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00150-CR
Victor Javier Cruz TORRES,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR9470
Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 30, 2018
DISMISSED
On May 2, 2018, 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 of the order. 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’s counsel filed a response in which he states that he has reviewed the clerk’s
record and “can find no right of appeal” for appellant; counsel concedes that we may dismiss the
appeal for that reason. In light of the record presented, Rule 25.2(d) requires this court to dismiss
04-18-00150-CR
this appeal. TEX. R. APP. P. 25.2(d). The 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 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 the 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Do not publish
-2-