Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00050-CR
April OLIVAREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR9337
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 25, 2015
DISMISSED
Pursuant to a plea-bargain agreement, April Mae Olivarez pled nolo contendere to theft
and was sentenced to two years and a fine of $1500 in accordance with the terms of her plea-
bargain agreement. 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.” See TEX. R. APP. P.
25.2(a)(2). After Olivarez filed a notice of appeal, the trial court clerk sent copies of the
certification and notice of appeal to this court. See id. 25.2(e). The clerk’s record, which includes
the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
04-15-00050-CR
“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. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes the
punishment assessed by the court does not exceed the punishment recommended by the prosecutor
and agreed to by the defendant. See id. The clerk’s record does not include a written motion filed
and ruled upon before trial; nor does it indicate that the trial court gave its permission to appeal.
See id. The trial court’s certification, therefore, appears to accurately reflect that this is a plea-
bargain case and that Olivarez does not have a right to appeal. We must dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of the record.”
Id. 25.2(d).
On February 11, 2015, we issued an order stating that this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification
showing that Olivarez has the right to appeal was made part of the appellate record by March 13,
2015. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San
Antonio 2003, order). No such amended trial court certification was filed. This appeal is therefore
dismissed pursuant to Rule 25.2(d).
PER CURIAM
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