Alberto Olan-Vera v. State

i i i i i i MEMORANDUM OPINION No. 04-08-00875-CR Alberto OLAN-VERA, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CR-4339 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: February 11, 2009 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 on CD-ROM, contains a written plea bargain, and the 04-08-00875-CR 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 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 appeal must be dismissed. In light of the record presented, we agree with appellant’s counsel that 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 PER CURIAM DO NOT PUBLISH -2-