Audrey McKnight v. The State of TexasAppeal from 379th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00323-CR Audrey MCKNIGHT, Appellant v. The STATE of TexasAppellee The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR2621 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: September 18, 2013 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 04-13-00323-CR of the record under these rules. TEX. R. APP. P. 25.2(d). On May 29, 2013, 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 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.). Although appellant has filed a response raising a potential challenge to the trial court s judgment, no amended trial court certification has been 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 PER CURIAM DO NOT PUBLISH -2-

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