Orlin Vasquez-Diaz v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00268-CR
Orlin VASQUEZ-DIAZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR8526
The Honorable Angus K. McGinty, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 28, 2014
DISMISSED
Orlin J. Vasquez Diaz entered into a plea bargain with the State, pursuant to which
appellant agreed to plead guilty or nolo contendere to aggravated assault with a deadly weapon.
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.” Diaz attempts to appeal
the judgment. The clerk’s record, containing both 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). The clerk’s
record establishes the punishment assessed by the court does not exceed the punishment
04-14-00268-CR
recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2).
We have reviewed the clerk’s record, and the trial court’s certification appears to accurately state
that this is a plea bargain case and Vasquez-Diaz 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). This court must dismiss an
appeal “if a certification that shows the defendant has the right of appeal has not been made part
of the record.” TEX. R. APP. P. 25.2(d).
We notified appellant that the appeal would be dismissed unless an amended trial court
certification showing he has the right to appeal has been made part of the appellate record by May
21, 2014. 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). An amended certification showing Vasquez-Diaz has
the right to appeal has not been filed. We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).
PER CURIAM
Do not publish
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