Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00141-CR
Mark A. KRIST,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR5258
Honorable Jennifer Peña, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: April 10, 2019
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).
04-19-00141-CR
On March 18, 2019, 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
is made part of the appellate record by April 8, 2019. 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 March 26, 2019, Appellant’s court-appointed appellate counsel conceded that this court
has no choice but to dismiss this appeal.
Considering 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DO NOT PUBLISH
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