Miranda Herrera v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00474-CR
Miranda HERRERA,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR6337
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: September 21, 2016
DISMISSED
Miranda Herrera and the State entered into a plea bargain under which Herrera pled guilty
to murder. 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). Herrera timely filed a notice of appeal. The clerk’s record, which includes
the trial court’s rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed.
See TEX. R. APP. P. 25.2(d).
04-16-00474-CR
The court gave Herrera notice that this appeal would be dismissed unless an amended trial
court certification showing she has the right to appeal were made part of the appellate record by
August 30, 2016. 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 has been made part of
the record. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d). 1
PER CURIAM
DO NOT PUBLISH
1
The clerk’s record establishes the punishment assessed by the court does not exceed the punishment recommended
by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). The record also supports the trial
court’s certification that Herrera 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).
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