John A. Perez v. the State of Texas

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 PER CURIAM DO NOT PUBLISH -2-