Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00804-CR
Isidro Juan FLORES,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR5527
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: February 1, 2017
DISMISSED
Isidro Juan Flores entered into a plea bargain with the State, pursuant to which Flores
pleaded nolo contendere to sexual assault of a child. The trial court imposed sentence in accordance
with the agreement and signed a certificate stating this “is a plea-bargain case, and the defendant
has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Flores timely filed a notice of appeal. The
clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written plea
bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d).
04-16-00804-CV
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P.
25.2(a)(2). We have reviewed the clerk’s record, and the trial court’s certification appears to
accurately state that this is a plea bargain case and Flores does not have a right to appeal. See Dears
v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review
clerk’s record to determine whether trial court’s certification is accurate). This court must dismiss
an appeal “if a certification that shows the defendant has the right of appeal has not been made
part of the record.” TEX. R. APP. P. 25.2(d).
On December 29, 2017, we gave Flores notice that the appeal would be dismissed unless
an amended trial court certification showing he has the right to appeal has been made part of the
appellate record by January 19, 2017. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110
S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003
WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication). An amended certification
showing Flores has the right to appeal has not been filed. We therefore dismiss this appeal. TEX.
R. APP. P. 25.2(d).
PER CURIAM
Do not publish
-2-
Isidro Juan Flores v. State
Combined Opinion