TERRY HACKLER v. THE STATE OF TEXAS (Concurring)

State: Texas

Docket No: PD-1400-06

Case Date: 02/06/2008

Plaintiff: TERRY HACKLER

Defendant: THE STATE OF TEXAS (Concurring)

Preview:Aaron Vara v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-03-00555-CR Aaron VARA, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2003-CR-0199 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Alma L. L pez, Chief Justice Catherine Stone, Justice Paul W. Green, Justice Delivered and Filed: September 24, 2003 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 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 August 4, 2003, 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. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State,100 S.W.3d 174 (Tex. App.--San Antonio 2003, no pet.). In response to our order, appellant's attorney filed a motion to dismiss agreeing that the appeal should be dismissed; however, because the appellant did not personally sign the motion, the appeal cannot be voluntarily dismissed pursuant to rule 42.2. Accordingly, the motion is denied. 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 pursuant to rule 25.2(d). PER CURIAM DO NOT PUBLISH

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