David Earl Black v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00250-CR
David Earl BLACK,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR3293A
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 14, 2014
DISMISSED
On April 24, 2014, 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 on or before May 27, 2014. 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 the appeal
must be dismissed. In light of the record presented, we agree with appellant’s counsel that Rule
04-14-00250-CR
25.2(d) requires this court to dismiss 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Do not publish
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