DocketNumber： 04-16-00582-CR
Filed Date： 9/27/2016
Status： Precedential
Modified Date： 10/3/2016
Fourth Court of Appeals San Antonio, Texas September 27, 2016 No. 04-16-00582-CR Eliezer CRUZ, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR4935 Honorable Melisa Skinner, Judge Presiding ORDER 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” and “is one in which the defendant has waived the 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 trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed within thirty days from the date of this order showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State,110 S.W.3d 174
(Tex. App.—San Antonio 2003, order). It is further ORDERED that counsel’s “Motion For Leave to Withdraw As Counsel on Appeal” is HELD IN ABEYANCE pending further order of the court. All other appellate deadlines are SUSPENDED pending our resolution of the certification issue. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of September, 2016. ___________________________________ Keith E. Hottle Clerk of Court