Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00671-CR
Eric ESTRADA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR5886
Honorable Philip A. Kazen Jr., Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 19, 2012
DISMISSED
On November 2, 2012, we notified the appellant that the trial court’s certification in this
appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of
appeal.” Additionally, the clerk’s record contains a written waiver signed by the appellant
pursuant to which he entered a plea of nolo contendere. The trial court’s judgment also shows
that there was a plea bargain agreement, and the punishment assessed did not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial
04-12-00671-CR
court’s certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R.
APP. P. 25.2(a)(2).
In our November 2, 2012 order, we warned the appellant that “[this] appeal must be
dismissed if a certification that shows the defendant has the right of appeal has not been made
part of the record under these rules.” See id. R. 25.2(d). We ordered that this appeal would be
dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court
certification to be filed by December 3, 2012, that showed the appellant has the right of appeal.
See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006);
Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response
was filed. Accordingly, we dismiss this appeal.
PER CURIAM
DO NOT PUBLISH
-2-
Eric Estrada v. State
Combined Opinion