Case Information
*1 Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00619-CR Jesse FLORES , Appellant v.
The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR1740 Honorable Steve Hilbig, Judge Presiding PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice Jason Pulliam, Justice
Delivered and Filed: December 7, 2016
DISMISSED
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.” 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 the defendant; Rule 25.2(a)(2) applies. See T EX . R. A PP . P. 25.2(a)(2). This court must dismiss this appeal “if a certification that shows the defendant has the right of appeal has not
been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
04-16-00619-CR On October 13, 2016, 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 November 14, 2016. See T EX . R. A PP . 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.
Absent 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PER CURIAM DO NOT PUBLISH
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