Victor Barsenas v. State

Fourth Court of Appeals
San Antonio, Texas
December 4, 2019
No. 04-19-00791-CR
Victor BARSENAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR5575
Honorable Stephanie R. Boyd, 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.” The certification further states, “[T]he
defendant has waived the right of appeal.” 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 a 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 Dears v. State, 154 S.W.3d 610 (Tex.
Crim. App. 2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).
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 4th day of December, 2019.
___________________________________
MICHAEL A. CRUZ,
Clerk of Court