Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00586-CR
David Reza CANTU,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR8900
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: October 15, 2014
DISMISSED
On August 27, 2014, we notified the appellant that 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.” Additionally, the clerk’s record contains a written waiver signed by the appellant
pursuant to which he entered a plea of nolo contendere. The trial court’s judgment also shows that
there was a plea bargain agreement, and the punishment assessed did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court’s
04-14-00586-CR
certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P.
25.2(a)(2).
In our August 27, 2014 order, we warned the appellant that “[this] 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.” See id. R. 25.2(d). We ordered that this appeal would be dismissed
pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed
by September 26, 2014 that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1;
see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110
S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly,
we dismiss this appeal.
PER CURIAM
DO NOT PUBLISH
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