Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00378-CR
Gerald Angel Olveda MOTA,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR9430
Honorable Steve Hilbig, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: July 26, 2017
DISMISSED
The trial court’s certification in this appeal states “this criminal case is a plea-bargain case, and
the defendant has NO 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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2).
This court must dismiss this appeal “if a certification that shows the defendant has a right of
appeal has not been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State, 183
S.W.3d 675, 680 (Tex. Crim. App. 2006).
04-17-00378-CR
On June 16, 2017, we notified Appellant that this appeal would be dismissed under Rule
25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was
made part of the appellate record by July 17, 2017. See TEX. R.APP. P. 25.2(d), 37.1; see also Dears
v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex.
App.—San Antonio 2003, no pet.).
On July 17, 2017, Appellant’s court-appointed counsel, John J. Ritenour Jr., filed a response
stating that counsel had reviewed the record, and counsel conceded that this court must dismiss this
appeal.
Given Rule 25.2(d)’s requirements, the record, and Appellant’s response, we dismiss this
appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613.
PER CURIAM
DO NOT PUBLISH
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