THE STATE OF TEXAS v. EDUARDO ALMENDAREZ--Appeal from County Court at Law No 4 of Nueces County

State: Texas

Docket No: 13-09-00282-CR

Case Date: 12/10/2009

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 PER CURIAM DO NOT PUBLISH

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