Joe Eric Hinojosa v. State

The State of Fourth Court of Appeals San Antonio, Texas October 29, 2014 No. 04-14-00725-CR and 04-14-00726-CR Joe Eric HINOJOSA, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR10041 and 2013CR10042 Honorable Raymond Angelini, Judge Presiding ORDER The trial court’s certification in each of these appeals states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s records contain 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 certifications accurately reflects that the criminal cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The 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.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that these appeals will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed in each appeal by November 24, 2014, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue. _________________________________ Catherine Stone, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of October, 2014. ___________________________________ Keith E. Hottle Clerk of Court