Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00163-CR
Jerry VILLARREAL,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR10521W
Honorable Dick Alcala, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: May 15, 2013
DISMISSED
Pursuant to a plea bargain agreement, appellant pled nolo contendere to aggravated
assault with a deadly weapon. The trial court imposed sentence and 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.” See TEX. R. APP. P. 25.2(a)(2). After appellant filed his notice of appeal, the
court clerk sent a copy of the certification to this court. See TEX. R. APP. P. 25.2(e).
The clerk’s record contains a written plea bargain agreement, and the punishment
assessed did not exceed the punishment recommended by the State and agreed to by the
04-13-00163-CR
appellant; therefore, the trial court’s certification accurately reflects that appellant’s case is a plea
bargain case and he does not have a 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 March 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
appellant has the right of appeal was made part of the appellate 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
trial court certification has been filed; therefore, this appeal is dismissed.
PER CURIAM
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