Raul Quintero v. The State of Texas Appeal from 437th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00654-CR Raul QUINTERO, Appellant v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR2978 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: December 6, 2017 DISMISSED Raul Quintero entered into a plea bargain with the State. Pursuant to the agreement, Quintero pled nolo contendere to two counts of indecency with a child by contact and the trial court imposed sentence. The trial court signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). Quintero timely filed a notice of appeal. The clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See Tex. R. App. P. 25.2(d). 04-16-00816-CR The clerk’s record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and the record does not indicate the trial court gave Quintero permission to appeal. See Tex. R. App. P. 25.2(a)(2). We have reviewed the clerk’s record, and the trial court’s certification appears to accurately state that this is a plea bargain case and Quintero does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate). This court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Tex. R. App. P. 25.2(d). On October 25, 2017, we gave Quintero notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by November 15, 2017. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.–San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication). An amended certification showing Quintero has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d). PER CURIAM Do not publish -2-
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