Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00510-CR
Jonathan J. RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR5254
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 28, 2016
APPEAL DISMISSED
Defendant pled guilty to sexual assault and was sentenced within the terms of a plea
bargain. Defendant timely filed a general notice of appeal. The trial court’s Certification of
Defendant’s Right of Appeal states this “is a plea-bargain case, and the defendant has NO right of
appeal.” See TEX. R. APP. P. 25.2(a)(2). 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 defendant; therefore, the trial court’s certification accurately reflects that defendant’s
case is a plea bargain case and defendant does not have a right of appeal. See TEX. R. APP. P.
04-16-00510-CR
25.2(a)(2). Accordingly, on August 15, 2016, 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
defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110
S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1.
No amended certification has been filed; therefore, this appeal is dismissed.
PER CURIAM
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