i i i i i i
MEMORANDUM OPINION
No. 04-10-00190-CR
Adrian Servando TREVINO,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CR-6267
Honorable Mary Román, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: April 21, 2010
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
04-10-00190-CR
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). 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DO NOT PUBLISH
-2-