LOPEZ v. STATE (2017)

MEMORANDUM OPINION

DISMISSED

On March 7, 2017, we notified the appellant that the trial court's certification in this appeal states that “this criminal case is a plea-bargain case and the defendant has NO right to appeal.” Additionally, the clerk's record contains a written waiver signed by the appellant pursuant to which he entered a plea of guilty. The trial court's judgment also reflects that the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court's certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

In our March 7, 2017 order, we warned the appellant that “[this] appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” See id. R. 25.2(d). We ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed within thirty days that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). Appellant filed a response to our order, but the response failed to address the trial court certification. Accordingly, we dismiss this appeal.

PER CURIAM