Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00009-CR
Fausto Abel FRIAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR3796
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 4, 2015
APPEAL DISMISSED
Pursuant to a plea bargain agreement, appellant pled nolo contendere to the offense of
indecency with a child by contact. The trial court imposed sentence and signed a certificate 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 appellant timely filed a notice of appeal, the clerk sent copies of the certification
and notice of appeal to this court. See id. R. 25.2(e). The clerk’s record, which includes the plea
bargain agreement and the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. R.
25.2(d).
04-15-00009-CR
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. See id. R. 25.2(a)(2).
After reviewing the clerk’s record, the trial court’s certification therefore appears to accurately
reflect that this is a plea bargain case and appellant does not have a right to appeal. See Dears v.
State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s
record to determine whether trial court’s certification is accurate). This court must dismiss an
appeal “if a certification that shows the defendant has the right of appeal has not been made part
of the record.” TEX. R. APP. P. 25.2(d).
On January 14, 2015, we gave appellant notice that the appeal would be dismissed unless
an amended trial court certification showing he has the right to appeal has been made part of the
appellate record by February 13, 2015. See id. R. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174
(Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347
(July 2, 2003, pet. ref’d) (not designated for publication). An amended certification showing
appellant has the right to appeal has not been filed. We therefore dismiss this appeal. See TEX. R.
APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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