David Reza Cantu v. The State of Texas Appeal from 226th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00586-CR David Reza CANTU, Appellant v. The The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR8900 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: October 15, 2014 DISMISSED On August 27, 2014, we notified the appellant that 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. Additionally, the clerk s record contains a written waiver signed by the appellant pursuant to which he entered a plea of nolo contendere. The trial court s judgment also shows that there was a plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court s 04-14-00586-CR certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). In our August 27, 2014 order, we warned the appellant that [this] 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. See id. R. 25.2(d). We ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed by September 26, 2014 that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App. San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss this appeal. PER CURIAM DO NOT PUBLISH -2-

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