Xavier T. Sattiewhite v. The State of TexasAppeal from 399th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00846-CR Xavier T. SATTIEWHITE, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR10118W Honorable Ray Olivarri, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: January 8, 2014 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). 04-13-00846-CR Under Rule 25.2(d), this appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules. Id. R. 25.2(d). On December 12, 2013, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was made part of the appellate record by January 13, 2014. See id. R. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App. San Antonio 2003, no pet.). On December 18, 2013, Appellant s court-appointed counsel from the Bexar County Appellate Public Defender s Office filed a response stating that he had reviewed the record, and he could find no right of appeal for Appellant. He concluded that this court has no choice but to dismiss the appeal. Given the record and Appellant s response, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed. PER CURIAM DO NOT PUBLISH -2-

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