Robert Hernandez v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00626-CR Robert HERNANDEZ, Appellant v. The State of The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR9923 Honorable Melisa Skinner, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: November 6, 2013 DISMISSED The trial court signed a certification of defendant’s right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of appeal” and “defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, “The 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.” TEX. R. APP. P. 25.2(d). Accordingly, on September 25, 2013, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made part of the appellate 04-13-00626-CR record. See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended certification has been filed; therefore, this appeal is DISMISSED. PER CURIAM Do not publish -2-