Miranda Herrera v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00473-CR

Miranda HERRERA,

Appellant v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR6351

Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

Delivered and Filed: September 21, 2016

DISMISSED

Miranda Herrera and the State entered into a plea bargain under which Herrera pled guilty to attempted capital murder. The trial court imposed sentence in accordance with the agreement and signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Herrera timely filed a notice of appeal. The clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d).

The court gave Herrera notice that this appeal would be dismissed unless an amended trial court certification showing she has the right to appeal were made part of the appellate record by August 30, 2016. 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 has been made part of the record. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d). 1 PER CURIAM DO NOT PUBLISH