Daniel Gutierrez-Lopez 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. 04-16-00683-CR Daniel GUTIERREZ-LOPEZ, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR7741 Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice Delivered and Filed: November 23, 2016 DISMISSED On October 31, 2016, this court issued an order stating this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless appellant filed in the appellate record within twenty days an amended trial court certification that shows appellant 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, 175-76 (Tex. App.— San Antonio 2003, order). Appellant did not file an amended certification, and the clerk’s record does not contain a certification that shows the defendant has the right of appeal. To the contrary, 04-16-00683-CR the trial court certification in the record states “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 appellant. Therefore, the clerk’s record supports the trial court’s certification that appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-
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