MEMORANDUM OPINION
No. 04-11-00249-CR
Benjamin Guadalupe LOPEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CR-6848
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 1, 2011
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 on CD-ROM, contains a written plea bargain, and
the punishment assessed did not exceed the punishment recommended by the prosecutor and
04-11-00249-CR
agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification
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 she states that she has reviewed the electronic clerk’s record
and “can find no right of appeal for Appellant;” counsel concedes that the appeal must be
dismissed. In light of the record presented, we agree with appellant’s counsel that 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DO NOT PUBLISH
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