Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00513-CR
Neri MARTINEZ,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR1084
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 25, 2013
DISMISSED
Neri Martinez entered into a plea bargain with the State, pursuant to which he pled guilty
to felon in possession of a firearm. The State agreed to recommend punishment of five years’
imprisonment and a fine of $1,500; however, the agreement also provided that if Martinez failed
to appear at the June 17, 2013 sentencing hearing, he would be exposed to the full range of
punishment (two to twenty years’ imprisonment). As part of his plea bargain, Martinez also signed
a separate “Waiver of Appeal.” The record reflects Martinez failed to appear on June 17, 2013,
for sentencing. The trial court forfeited Martinez’s bond, and when he subsequently appeared, the
04-13-00513-CR
trial court sentenced him to eight years’ imprisonment. The trial court signed a certificate stating
this “is a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has
waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Martinez timely filed a notice of
appeal. The clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and the
written plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). This court must
dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been
made part of the record.” TEX. R. APP. P. 25.2(d).
On August 12, 2013, we gave Martinez notice that the appeal would be dismissed unless
written consent to appeal and an amended certification showing he has the right to appeal were
signed by the trial judge and made part of the appellate record by September 11, 2013. 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 (July 2, 2003, pet. ref’d) (not
designated for publication). Neither written permission to appeal nor an amended certification
showing Martinez has the right to appeal has been filed. We therefore dismiss this appeal.
PER CURIAM
DO NOT PUBLISH
-2-