Carlos Marquez v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00325-CR

Carlos MARQUEZ,

Appellant v.

The STATE of Texas,

Appellee

From the 81st Judicial District Court, Frio County, Texas Trial Court No. 13-07-00117CRF

Honorable Russell H. Wilson, Judge Presiding PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

Delivered and Filed: July 13, 2016

DISMISSED

On June 1, 2016, the court gave Carlos Marquez notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal were made part of the appellate record. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication). No amended certification showing Marquez has a right to appeal has been made part of the appellate record. After reviewing the record, we agree that this is a plea-bargain case, and Marquez has no right of appeal. See Dears v. State, 154

S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate). We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH