MEMORANDUM OPINION
No. 04-11-00169-CR
Erik M. RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR6673
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: April 27, 2011
DISMISSED
Pursuant to a plea-bargain agreement, Erik Rodriguez pled nolo contendere to aggravated
sexual assault of a child and was sentenced to thirty years imprisonment in accordance with the
terms of his plea-bargain agreement. The trial court then 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 Rodriguez filed a notice of appeal, the trial court
clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk’s
04-11-00169-CR
record, which includes the trial court’s Rule 25.2(a)(2) certification, was then filed. See id.
25.2(d).
“In a plea bargain case ... a defendant may appeal only: (A) those matters that were raised
by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission
to appeal.” Id. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes
the punishment assessed by the court does not exceed the punishment recommended by the
prosecutor and agreed to by the defendant. See id. The clerk’s record does not include a written
motion filed and ruled upon before trial; nor does it indicate that the trial court gave its
permission to appeal. See id. The trial court’s certification, therefore, appears to accurately
reflect that this is a plea-bargain case and that Rodriguez does not have a right to appeal. We
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. 25.2(d).
We, therefore, warned Rodriguez that this appeal would be dismissed pursuant to Texas
Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that he
had the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1;
Daniels v. State, 110 S.W.3d 174 (Tex. App.CSan Antonio 2003, order). No such amended trial
court certification has been filed. This appeal is, therefore, dismissed pursuant to Rule 25.2(d).
PER CURIAM
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