Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00661-CR
Clara SOTO,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR9377
Honorable Mary D. Román, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: October 22, 2014
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).
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
04-14-00661-CR
of the record under these rules.” TEX. R. APP. P. 25.2(d). On October 3, 2014, we ordered that
this appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification
showing that the appellant has the right of appeal was made part of the appellate record by October
27, 2014. 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.).
Appellant’s counsel has filed a written response stating that counsel has reviewed the
record and “can find no right of appeal for Appellant.” As a result, counsel states he “can find no
reason to seek an amended certification from the trial court.” See TEX. R. APP. P. 25.2(d); 37.1;
see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.—San Antonio 2003, no pet.). In light
of the record presented, we agree with appellant’s counsel that 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DO NOT PUBLISH
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