MEMORANDUM OPINION
No. 04-11-00542-CR
Guy Ramirez PEREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR6007
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 19, 2011
DISMISSED
Guy Ramirez Perez entered into a plea bargain with the State, pursuant to which he
pleaded guilty to a felony offense. The trial court imposed sentence in accordance with the
agreement and signed a certificate stating this “is a plea-bargain case, and the defendant has NO
right of appeal.” Perez timely filed a notice of appeal. The clerk’s record, which includes the trial
court’s Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See
04-11-00542-CR
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.” Id.
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P.
25.2(a)(2). The record also appears to support the trial court’s certification that Perez does not
have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that
court of appeals should review clerk’s record to determine whether trial court’s certification is
accurate).
On August 30, 2011, we gave Perez notice that the appeal would be dismissed unless an
amended trial court certification showing he has the right to appeal has been made part of the
appellate record by September 29, 2011. 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). An amended
certification showing Perez has the right to appeal has not been filed. We therefore dismiss this
appeal. TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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