Robert Martinez, Jr. v. The State of Texas Appeal from 186th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00412-CR Robert MARTINEZ, Jr., Appellant v. The State The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR6698 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: August 6, 2014 APPEAL DISMISSED Appellant pled nolo contendre to Driving While Intoxicated-3D/M (Habitual) and was sentenced within the terms of a plea bargain. The trial court s certification of appellant s right to appeal states this is a plea-bargain case, and the defendant has NO right of appeal. See TEX. R. APP. P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent copies of the certification and notice of appeal to this court. See TEX. R. APP. P. 25.2(e). Appellant filed a pro se notice of appeal, in which he asserts he intends to appeal from a pretrial order granting his appointed attorney s motion to withdraw. Appellant was later assigned 04-14-00412-CR another appointed attorney. The clerk s record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant. The clerk s record does not contain any orders ruling on any pre-trial motions. Rule 25.2(d) provides, The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules. TEX. R. APP. P. 25.2(d). Accordingly, on June 24, 2014, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed. PER CURIAM Do not publish -2-
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