Court of Civil Appeals of Texas, 2012

Roberto Hernandez v. State

Roberto Hernandez v. State
Court of Civil Appeals of Texas · Decided August 22, 2012

Roberto Hernandez v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00798-CR

Roberto Hernandez, Appellant v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. D-1-DC-11-300990, THE HONORABLE MIKE DENTON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Roberto Hernandez seeks to appeal from a judgment convicting him of terroristic threat. See Tex. Penal Code Ann. § 22.07 (West 2011). We abated this appeal because the trial court certification in the record appeared defective as it did not comport with the remainder of the record in this plea-bargain case. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005) (defining defective certification as one that is “correct in form but which, when compared with the record before the court, proves to be inaccurate”). We instructed the district court to prepare and send to this Court an amended certification in this cause that accurately reflects Hernandez’s right of appeal. See Tex. R. App. P. 35.2(f); Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005).

The trial court has provided this Court with an amended certification certifying that this is a plea-bargain case and Hernandez has no right of appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d). __________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: August 22, 2012 Do Not Publish

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