Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00267-CR
Evaristo Antonio SANTOS
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CR-1104
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 5, 2013
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.” Rule 25.2(d) of the Texas Rules of Appellate
Procedure provides that an 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). The clerk’s record, which was filed electronically, 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 clerk’s record supports the trial court’s certification
04-13-00267-CR
that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s
counsel has filed a letter in which he states that he has reviewed the electronic clerk’s record and
can find no right of appeal for Appellant; counsel concedes that the trial court’s certification
stating the defendant has no right of appeal is correct. In light of the record presented, we agree
with appellant’s counsel that the defendant has no right of appeal; therefore, Rule 25.2(d)
requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is
dismissed. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
-2-