EX PARTE KENT ANTHONY KRUEGER (Other)

State: Texas

Docket No: WR-26,708-20

Case Date: 10/15/2008

Plaintiff: Gilbert Hernandez

Defendant: The State of Texas--Appeal from 144th Judicial District Court of Bexar County

Preview:Gilbert Hernandez v. The State of Texas--Appeal from
144th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-04-00274-CR
Gilbert HERNANDEZ,
Appellant
v.
STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-0780B
Honorable Mark Luitjen, Judge Presiding
PER CURIAM
Sitting: Paul W. Green, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and Filed: October 6, 2004
DISMISSED
Appellant Gilbert Hernandez pled nolo contendere to a charge of possession with intent to deliver and was sentenced
within the terms of a plea bargain. Appellant timely filed a general notice of appeal. The Trial Court's Certification of
Defendant's Right of Appeal states: (1) "this is a plea-bargain case, and the defendant has NO right of appeal; and (2)
"the defendant has waived the right of appeal." 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 Hernandez; therefore, the
trial court's certification accurately reflects that the criminal case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2).
"In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and
ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). The clerk's
record does not contain a written motion ruled on before trial nor does it indicate the trial court granted Hernandez
permission to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of
appeal has not been made a part of the record." Tex. R. App. P. 25.2(d).
On June 16, 2004, we gave Hernandez notice that the appeal would be dismissed unless an amended certification
showing he has the right to appeal had been made part of the record by July 16, 2004. See Tex. R. App. P. 25.2(d),
37.1; Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, interlocutory order) (en banc). An amended
certification showing Hernandez has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R.
App. P. 25.2(d).
PER CURIAM
Do Not Publish
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