Luis Castro v. State

MEMORANDUM OPINION

Nos. 04-11-00432-CR and 04-11-00433-CR Luis CASTRO,

Appellant v.

The STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court Nos. 2009-CR-9128 and 2009-CR-12009 Honorable Melisa Skinner, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: August 31, 2011

DISMISSED

On July 12, 2011, this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate records on or before August 11, 2011. 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 respond. The records do not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certifications in the 04-11-00432-CR & 04-11-00433-CR records state “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s records contain 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 clerk’s records support the trial court’s certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeals. See TEX. R. APP. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH