Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00118-CR
Stephen G. VIDALES,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR7839
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: April 9, 2014
DISMISSED
Pursuant to a plea bargain agreement with the State, appellant Stephen G. Vidales pleaded
nolo contendere to “continuous violence against family.” 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). Appellant timely filed a notice of appeal.
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 TEX. R. APP. P. 25.2(d). This court must dismiss an
04-14-00118-CR
appeal “if a certification that shows the defendant has the right of appeal has not been made part
of the record.” Id.
The court gave appellant notice that the appeal would be dismissed unless an amended trial
court certification showing he has the right to appeal were made part of the appellate record within
thirty days. See TEX. R. APP. P. 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 (Tex. App.—
San Antonio July 2, 2003, pet. ref’d) (not designated for publication). Appellant’s appointed
appellate counsel filed a written response, stating he requested an amended certification from the
trial court, but none was filed and he did not expect one to be forthcoming.
After reviewing the record and counsel’s notice, we agree 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).
We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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