MEMORANDUM OPINION
No. 04-10-00896-CR
Jose Roberto MEDINA,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CR-1086
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: February 9, 2011
DISMISSED
On January 5, 2011, 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 within 30 days. See TEX. R. APP. P.
25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003,
order). Appellant’s counsel filed a response in which she states that she has reviewed the
electronic record and “can find no right of appeal for Appellant;” counsel concedes that the
04-10-00896-CR
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). The record
does not contain a certification that shows the defendant has the right of appeal; to the contrary,
the trial court certification in the record states “this criminal case is one in which the defendant
has waived the right of appeal.” The clerk’s record contains a written plea bargain, and the
punishment assessed did not exceed the punishment recommended by the prosecutor and 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). Accordingly, we dismiss the
appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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