Martin Craig Fleece v. The State of Texas--Appeal from 372nd District Court of Tarrant County

State: Texas

Docket No: 02-05-00309-CR

Case Date: 12/14/2006

Plaintiff: THE STATE OF TEXAS

Defendant: EDUARDO ALMENDAREZ--Appeal from County Court at Law No 4 of Nueces County

Preview:Joe De La Cruz v. The State of Texas--Appeal from
175th Judicial District Court of Bexar County
/**/
MEMORANDUM OPINION
No. 04-05-00110-CR
Joe DE LA CRUZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-0149A
Honorable Mark R. Luitjen, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Catherine Stone, Justice
Sarah B. Duncan, Justice
Delivered and Filed: May 11, 2005
DISMISSED
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. The clerk s record contains a written plea bargain, and the punishment assessed did not exceed the
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punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court s certification
accurately reflects 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, The 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 March 22, 2005, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) unless an
amended trial court certification showing that the appellant has the right of appeal was made part of the appellate
record by April 20, 2005. See Tex. R. App. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.
2005); Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, no pet.). No response was filed. In the absence
of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court
to dismiss this appeal. Accordingly, the appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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