Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00661-CR
Roland HERNANDEZ,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR7447W
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 16, 2015
DISMISSED FOR WANT OF JURISDICTION
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 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
04-15-00661-CR
TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel has filed a letter in which he states that
he has reviewed the clerk’s record and can find no right of appeal for Appellant; counsel concedes
that the trial court’s certification stating the defendant has no right of appeal is correct. In light of
the record presented, we agree with appellant’s counsel that the defendant has no right of appeal;
therefore, 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DO NOT PUBLISH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-
Roland Hernandez v. State
Combined Opinion