Francisco R. Hernandez v. The State of TexasAppeal from 227th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-13-00222-CR, 04-13-000223-CR, 04-13-000224-CR & 04-13-000225-CR Francisco R. HERNANDEZ, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court Nos. 2010CR0819, 2011CR2469, 2012CR2586 & 2012CR3718A Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: May 22, 2013 DISMISSED The trial court s certification in each of these appeals states that this criminal case is a plea-bargain case, and the defendant has NO right of appeal. The clerk s record filed in each of these appeals 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 certifications accurately reflect that the underlying cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2). 04-13-00222-CR, 04-13-00223-CR, 04-13-00224-CR & 04-13-00225-CR Appellant s counsel has filed written notice with this court that counsel has reviewed the record in each of these appeals and can find no right of appeal for Appellant. We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that he has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App. San Antonio 2003, no pet.). In light of the records presented, we agree with appellant s counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, these appeals are dismissed. PER CURIAM DO NOT PUBLISH -2-

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