MEMORANDUM OPINION
Nos. 04-10-00627-CR & 04-10-00628-CR
Jayson ALCORTA,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2008CR11631 & 2009CR1889
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 8, 2010
DISMISSED
The trial court’s certification in each of these appeals states that “this criminal case is a
plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record, which was
filed on CD-ROM in each appeal, 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 trial court’s certifications accurately reflect that the underlying cases are plea-
bargain cases. See TEX. R. APP. P. 25.2(a)(2).
04-10-00627-CR & 04-10-00628-CR
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be
dismissed if a certification that shows the defendant has a right of appeal has not been made part
of the record under these rules.” TEX. R. APP. P. 25.2(d). On October 27, 2010, we ordered that
these appeals would be dismissed pursuant to rule 25.2(d) unless an amended trial court
certification showing that the appellant has the right of appeal was made part of the appellate
record by November 24, 2010. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154
S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio
2003, no pet.). No response was filed. In the absence of an amended trial court certification
showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these
appeals. Accordingly, the appeals are dismissed.
PER CURIAM
DO NOT PUBLISH
-2-