Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00683-CR
Daniel GUTIERREZ-LOPEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR7741
Honorable Jefferson Moore, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Jason Pulliam, Justice
Delivered and Filed: November 23, 2016
DISMISSED
On October 31, 2016, this court issued an order stating this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d) unless appellant filed in the appellate record
within twenty days an amended trial court certification that shows appellant has the right of appeal.
See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—
San Antonio 2003, order). Appellant did not file an amended certification, and the clerk’s record
does not contain a certification that shows the defendant has the right of appeal. To the contrary,
04-16-00683-CR
the trial court certification in the record 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 appellant. Therefore, the
clerk’s record supports the trial court’s certification that appellant has no right of appeal. See TEX.
R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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