LUIS DANIEL VARELA a.k.a. DAVID VILLALOBOS v. THE STATE OF TEXAS (Other)

State: Texas

Docket No: PD-1447-07

Case Date: 03/19/2008

Plaintiff: LUIS DANIEL VARELA a.k.a. DAVID VILLALOBOS

Defendant: THE STATE OF TEXAS (Other)

Preview:Tremont Druval Williams v. The State of Texas--Appeal
from 379th Judicial District Court of Bexar County
MEMORANDUM OPINION
Nos. 04-03-00626-CR & 04-03-00669-CR
Tremont WILLIAMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2003-CR-6219W & 2003-CR-6220W
Honorable Mark Luitjen, Judge Presiding (1)
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Catherine Stone, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: November 19, 2003
APPEALS DISMISSED
Pursuant to a plea bargain agreement, Tremont Williams ("Williams"), entered a plea of nolo contendere to the offense
of driving while intoxicated as a repeat offender. The trial court imposed sentence in trial court cause numbers 2003-
CR-6219W and 2003-CR-6220W on August 7, 2003. The sentences were to run concurrently. Williams filed a timely
pro se notice of appeal in each case. The trial court's certification in each appeal states that "this is a plea bargain case,
and the defendant has NO right of appeal." The clerk's record in each appeal contains a written plea bargain, and the
punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to
by Williams; therefore, the trial court's certification in each appeal appears to accurately reflect that the underlying case
is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2).
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that
shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P.
25.2(d). On September 3, 2003 and September 25, 2003, we ordered that the appeals would be dismissed pursuant to
rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended trial court certification, showing that
Williams had the right of appeal, was made part of the appellate record by October 3, 2003 in cause number 04-03-
00626-CR and October 24, 2003 in cause number 04-03-00669-CR. See Tex. R. App. P. 25.2(d); 37.1; see also
Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, order). Amended certifications that show
Williams has the right of appeal have not been filed. Therefore, we dismiss both appeals. Tex. R. App. P. 25.2(d).
PER CURIAM
Do Not Publish
1. The Honorable Bert Richardson is the presiding judge of the 379th Judicial District Court, Bexar County, Texas.
The Honorable Mark Luitjen signed the judgments of conviction from which Williams appeals.
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