Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00315-CR
John A. PEREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2021CR9852
Honorable Stephanie R. Boyd, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: August 31, 2022
DISMISSED
In the clerk’s record for this appeal, the trial court’s certification states “this criminal case[]
is a plea-bargain case, and the defendant has NO right of appeal; [and] the defendant has waived
the right to appeal.” It also 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).
04-22-00313-CR
Under Rule 25.2, if the clerk’s record does not contain “a certification that shows the
defendant has the right of appeal[,]” this court must dismiss this appeal. Id. R. 25.2(d); see Chavez
v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
On July 13, 2022, 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 August 12, 2022. 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.). To date, no response has been filed.
Because no response has been filed that contains an amended trial court certification
showing that appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this
appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is
dismissed.
PER CURIAM
DO NOT PUBLISH
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