Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00682-CR
Diego GARCIA,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR11050B
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 18, 2013
DISMISSED
On November 4, 2013, we notified the appellant that 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.” Additionally, the clerk’s record contains a written waiver signed by the appellant
pursuant to which he entered a plea of guilty. The trial court’s judgment also shows that there was
a plea bargain agreement, and the punishment assessed did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court’s
04-13-00682-CR
certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P.
25.2(a)(2).
In our November 4, 2013 order, we warned the appellant that “[this] appeal must be
dismissed if a certification that shows the defendant has the right of appeal has not been made part
of the record under these rules.” See id. R. 25.2(d). We ordered that this appeal would be
dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification
to be filed by December 4, 2013 that showed the appellant has the right of appeal. See id. R.
25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v.
State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed.
Accordingly, we dismiss this appeal.
PER CURIAM
Do not publish
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