Benjamin Alley Moore, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, San Antonio.

Benjamin Alley Moore, Appellant v. The State of Texas, Appellee

No. 04–14–00679–CR

Decided: November 26, 2014

Sitting: Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice

MEMORANDUM OPINION

The trial court's certification in this appeal states that “this criminal case is a plea–bargain case, and the defendant has NO right of appeal.”  Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an 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.”  Tex.R.App. P. 25.2(d). The clerk's record, which was filed electronically, contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant;  therefore, the clerk's record supports the trial court's certification that defendant has no right of appeal.   See Tex.R.App. P. 25.2(a)(2).   In addition, appellant's counsel has filed a letter in which he states that he has reviewed the electronic clerk's record and can find no right of appeal for Appellant;  counsel concedes that the trial court's certification stating the defendant has no right of appeal is correct.   In light of the record presented, we agree with appellant's counsel that the defendant has no right of appeal;  therefore, Rule 25.2(d) requires this court to dismiss this appeal.  Tex.R.App. P. 25.2(d).  Accordingly, the appeal is dismissed.   See Tex.R.App. P. 25.2(d).

PER CURIAM

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