Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00778-CR
Victor R. MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR5362
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: January 28, 2015
DISMISSED
Pursuant to a written plea agreement, Defendant Victor R. Martinez entered a plea of guilty
to the indictment and was sentenced to twelve years’ confinement in the Institutional Division of
the Texas Department of Criminal Justice. The trial court signed a certification of defendant’s
right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of appeal
. . . .” Appellant filed a notice 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 defendant; therefore, the
04-14-00778-CR
trial court’s certification accurately reflects that defendant’s case is a plea bargain case and
defendant does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2).
“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to
appeal.” Id. The clerk’s record does not contain a written motion ruled on before trial nor does it
indicate the trial court granted defendant permission to appeal. This court must dismiss an appeal
“if a certification that shows the defendant has the right of appeal has not been made a part of the
record.” TEX. R. APP. P. 25.2(d).
On December 17, 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. See Daniels v. State, 110 S.W.3d 174 (Tex.
App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. On December 22, 2014,
Martinez’s appellate attorney filed a response to the court’s order providing “the undersigned
attorney has reviewed documents including the electronic clerk’s record of this case and can find
no right of appeal for Appellant.” Martinez’s attorney further conceded “this Court has no choice
but to dismiss the appeal.”
Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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