Joe Eric Hinojosa v. The State of Texas Appeal from 187th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-14-00725-CR & 04-14-00726-CR Joe Eric HINOJOSA, Appellant v. The STATE of TexasAppellee The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court Nos. 2013CR10041 & 2013CR10042 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: December 10, 2014 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 for each appeal 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 cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2). 04-14-00725-CR & 04-14-00726-CR Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The 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.” TEX. R. APP. P. 25.2(d). On October 29, 2014, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate records by November 24, 2014. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed. PER CURIAM DO NOT PUBLISH -2-

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