Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00400-CR
Rene GUERRERO,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR3173
Honorable Lorina I. Rummel, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: August 5, 2015
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.” 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
underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
04-15-00400-CR
Under Rule 25.2(d), this “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.” Id. R.
25.2(d).
On July 21, 2015, we notified Appellant that this appeal would be dismissed under Rule
25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal
was made part of the appellate record by August 20, 2015. See id. R. 25.2(d), 37.1; see also Dears
v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176
(Tex. App.—San Antonio 2003, no pet.).
On July 27, 2015, Appellant’s court-appointed counsel from the Bexar County Appellate
Public Defender’s Office filed a response stating that he had reviewed the record, and he could
“find no right of appeal for Appellant.” He concluded that this court “has no choice but to dismiss
the appeal.”
Given the record and Appellant’s response, Rule 25.2(d) requires this court to dismiss this
appeal. Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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