Court of Civil Appeals of Texas, 2011

Raul Armando Garcia v. State

Raul Armando Garcia v. State
Court of Civil Appeals of Texas · Decided August 31, 2011

Raul Armando Garcia v. State

Opinion

MEMORANDUM OPINION Nos. 04-11-00482-CR & 04-11-00483-CR Raul Armando GARCIA, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court Nos. 2011CR5296W & 2010CR11895 Honorable Angus McGinty, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: August 31, 2011 DISMISSED The trial court’s certification in each of these appeals states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record for each appeal contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

04-11-00482-CR & 04-11-00483-CR

Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). On July 20, 2011, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record by August 19, 2011. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

PER CURIAM DO NOT PUBLISH

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