Roberto Hernandez v. The State of Texas--Appeal from County Court at Law No. 4 of Travis County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00798-CR Roberto Hernandez, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. D-1-DC-11-300990, THE HONORABLE MIKE DENTON, JUDGE PRESIDING MEMORANDUM OPINION Appellant Roberto Hernandez seeks to appeal from a judgment convicting him of terroristic threat. See Tex. Penal Code Ann. § 22.07 (West 2011). We abated this appeal because the trial court certification in the record appeared defective as it did not comport with the remainder of the record in this plea-bargain case. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005) (defining defective certification as one that is correct in form but which, when compared with the record before the court, proves to be inaccurate ). We instructed the district court to prepare and send to this Court an amended certification in this cause that accurately reflects Hernandez s right of appeal. See Tex. R. App. P. 35.2(f); Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005). The trial court has provided this Court with an amended certification certifying that this is a plea-bargain case and Hernandez has no right of appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d). __________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: August 22, 2012 Do Not Publish 2

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