Case Information
*1 Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00711-CR Jose CASTELLANOS-AGUILERA , Appellant v.
The The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10449 Honorable Lorina I. Rummel, Judge Presiding PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: December 9, 2015
DISMISSED
Pursuant to a plea-bargain agreement, Jose Castellanos-Aguilera pled nolo contendere to murder and was sentenced to seventeen years in prison in accordance with the terms of his plea- bargain agreement. On October 26, 2015, the trial court signed a certification of defendant’s right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of appeal.” See T EX . R. A PP . P. 25.2(a)(2). After Castellanos-Aguilera filed a notice of appeal, the trial court clerk
sent copies of the certification and notice of appeal to this court. See id . 25.2(e). The clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See id . 25.2(d).
04-15-00711-CR “In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission to appeal.” Id . 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id . The clerk’s record does not include a written motion filed and ruled upon before trial; nor does it indicate that the trial court gave Castellanos-Aguilera permission to appeal. See id . The trial court’s certification, therefore, appears to accurately reflect that this is a plea-bargain case and that Castellanos-Aguilera does not have a right to appeal. We must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Id . 25.2(d).
We informed Castellanos-Aguilera that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that Castellanos-Aguilera had the right to appeal was made part of the appellate record. See T EX . R. A PP . P. 25.2(d), 37.1; Daniels v. State , 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial court certification has been filed. Furthermore, Castellanos-Aguilera’s court-appointed appellate counsel has filed a written notice stating that he reviewed the clerk’s record, found no right of appeal for Castellanos-Aguilera, and thus is compelled to concede that this appeal must be dismissed.
This appeal is dismissed pursuant to Rule 25.2(d). PER CURIAM DO NOT PUBLISH
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