HERRERA v. STATE, 04-16-00474-CR. (2016)
Court: Court of Appeals of Texas
Number: intxco20160921543
Visitors: 13
Filed: Sep. 21, 2016
Latest Update: Sep. 21, 2016
Summary: DO NOT PUBLISH MEMORANDUM OPINION PER CURIAM . Miranda Herrera and the State entered into a plea bargain under which Herrera pled guilty to 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 ple
Summary: DO NOT PUBLISH MEMORANDUM OPINION PER CURIAM . Miranda Herrera and the State entered into a plea bargain under which Herrera pled guilty to 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..
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DO NOT PUBLISH
MEMORANDUM OPINION
PER CURIAM.
Miranda Herrera and the State entered into a plea bargain under which Herrera pled guilty to 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
FootNotes
1. The clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). The record also supports the trial court's certification that Herrera does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk's record to determine whether trial court's certification is accurate).
Source: Leagle
