Nicholas Friesenhahn v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00562-CR
Nicholas FRIESENHAHN,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Karnes County, Texas
Trial Court No. 17-08-00086-CRK
Honorable Lynn Ellison, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: November 6, 2019
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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court
must dismiss this appeal “if a certification that shows the defendant has the right of appeal has not
been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d
675, 680 (Tex. Crim. App. 2006).
04-19-00562-CR
On October 9, 2019, we notified Appellant that this appeal would be dismissed under Rule
25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal
was made part of the appellate record by October 29, 2019. See TEX. R. APP. P. 25.2(d), 37.1; see
also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d
174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, no response has been filed.
Absent an amended trial court certification showing that Appellant has the right of appeal,
Rule 25.2(d) requires this court to dismiss this appeal. See Dears, 154 S.W.3d at 613; Daniels,
110 S.W.3d at 176. Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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