Pablo Guadalupe Leza v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

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MEMORANDUM OPINION
Nos. 04-04-00618-CR, 04-04-00619-CR, 04-04-00620-CR & 04-04-00621-CR
Pablo Guadalupe LEZA,
Appellant
v.
STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2003-CR-9147, 2003-CR-9148, 2004-CR-1408, & 2004-CR-1409
Honorable Juanita Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 29, 2004

DISMISSED

Pursuant to a plea bargain agreement, Pablo Guadalupe Leza, also known as Jose Santos Quiroz, pled nolo contendere in four cases to aggravated robbery, criminal mischief, and two counts of intoxication assault. On August 16, 2004, the trial court imposed sentence and signed a certificate in each case stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a). After Leza timely filed a general notice of appeal in each case, the clerk sent copies of the certifications and notices of appeal to this court. See Tex. R. App. P. 25.2(e). The clerk's records, which include the trial court's Rule 25.2(a)(2) certifications, have been filed. See Tex. R. App. P. 25.2(d).

"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 records, which contain a written plea bargain in each case, establish that the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by Leza. See Tex. R. App. P. 25.2(a)(2). The clerk's records do not contain a written motion ruled on before trial nor do they indicate the trial court granted Leza permission to appeal. The trial court's certifications therefore appear to accurately reflect that these are plea bargain cases and Lezadoes not have the right 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 October 27, 2004, we gave Leza notice that the appeals would be dismissed unless amended certifications showing he has the right to appeal have been made part of the record by November 29, 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). Amended certifications showing Aguirre has the right to appeal have not been filed. We therefore dismiss these appeals. Tex. R. App. P. 25.2(d).

PER CURIAM

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