MEMORANDUM OPINION
No. 04-12-00147-CR
Rafael GUERRA,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR11817
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 16, 2012
DISMISSED
On March 28, 2012, we notified the 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 the 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
04-12-00147-CR
certification accurately reflected that the criminal case is a plea-bargain case. See TEX R. APP. P.
25.2(a)(2).
In our March 28, 2012 order, we warned the 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 pursuant to rule 25.2(d) unless the appellant caused an amended trial court
certification to be filed by April 30, 2012, that showed the 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DO NOT PUBLISH
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