Christian Israel Franklin v. the State of Texas

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00427-CR

Christian Israel FRANKLIN,

Appellant v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR6244

Honorable Frank J. Castro, Judge Presiding PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: December 1, 2021

DISMISSED

In the clerk’s record for this appeal, the trial court’s certification states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” It also contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2).

Under Rule 25.2, if the clerk’s record does not contain “a certification that shows the defendant has the right of appeal,” this court must dismiss this appeal. Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

On October 15, 2021, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was made part of the appellate record by November 15, 2021. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, no response has been filed.

Because no response has been filed that contains an amended trial court certification showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is dismissed.

PER CURIAM

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