Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00220-CR
Gabriel Castillo REYES,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR2065
Honorable Angus McGinty, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 29, 2013
DISMISSED
On April 16, 2013, we notified 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 contained a written waiver signed by Appellant pursuant to
which he entered a plea of no contest. The trial court’s judgment also reflected 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
04-13-00220-CR
certification accurately reflected that the criminal case is a plea-bargain case. See TEX. R. APP.
P. 25.2(a)(2).
In our April 16, 2013 order, we warned 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
under Rule 25.2(d) unless Appellant caused an amended trial court certification to be filed by
May 16, 2013, that showed 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DO NOT PUBLISH
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