Gerald Angel Mota 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 No. 04-17-00378-CR Gerald Angel Olveda MOTA, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR9430 Honorable Steve Hilbig, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: July 26, 2017 DISMISSED The trial court’s certification in this appeal 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 the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court must dismiss this appeal “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); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). 04-17-00378-CR On June 16, 2017, 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 July 17, 2017. See TEX. R.APP. P. 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 July 17, 2017, Appellant’s court-appointed counsel, John J. Ritenour Jr., filed a response stating that counsel had reviewed the record, and counsel conceded that this court must dismiss this appeal. Given Rule 25.2(d)’s requirements, the record, and Appellant’s response, we dismiss this appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613. PER CURIAM DO NOT PUBLISH -2-

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