Jonathan J. Rodriguez v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00510-CR

Jonathan J. RODRIGUEZ,

Appellant v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR5254

Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: September 28, 2016

APPEAL DISMISSED

Defendant pled guilty to sexual assault and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. The trial court’s Certification of Defendant’s Right of Appeal states this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by defendant; therefore, the trial court’s certification accurately reflects that defendant’s case is a plea bargain case and defendant does not have a right of appeal. See TEX. R. APP. P.

25.2(a)(2). Accordingly, on August 15, 2016, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1.

No amended certification has been filed; therefore, this appeal is dismissed.

PER CURIAM

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