Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00695-CR
James NEALY,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CR-2838-B
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 10, 2014
DISMISSED
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.” Rule 25.2(d) of the Texas Rules of Appellate
Procedure provides that an 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). The clerk’s record, which was filed electronically, 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
04-14-00695-CR
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel
has filed a letter in which she states that she has reviewed the electronic clerk’s record and can
find no right of appeal for Appellant; counsel concedes that the trial court’s certification stating
the defendant has no right of appeal is correct. In light of the record presented, we agree with
appellant’s counsel that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this
court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See
TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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