Andres Pena v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County
Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION No. 04-10-00445-CR Andres PENA, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CR-7295 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: July 21, 2010 DISMISSED Andres Pena pleaded nolo contendere to the offense of felon in possession of a firearm pursuant to a plea bargain agreement. As part of his plea bargain, Pena signed a separate Waiver of Appeal. The trial court imposed sentence and signed a certificate stating that this is a pleabargain case, and the defendant has NO right of appeal and the defendant has waived the right of appeal. See TEX . R. APP . P. 25.2(a)(2). Pena timely filed a notice of appeal. The clerk s record, 04-10-00445-CR which includes the plea bargain agreement and the trial court s Rule 25.2(a)(2) certification, has been filed. See TEX . R. APP . P. 25.2(d). This court must dismiss an appeal if a certification that shows the defendant has the right of appeal has not been made part of the record. Id. The court gave Pena notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal were made part of the appellate record within thirty days. See TEX . R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref d) (not designated for publication). Pena s appointed appellate counsel filed a written response, stating she has reviewed the record and can find no right of appeal. After reviewing the record and counsel s notice, we agree that Pena does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk s record to determine whether trial court s certification is accurate). We therefore dismiss this appeal. TEX . R. APP . P. 25.2(d). PER CURIAM Do not publish -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
