Court of Appeals of Texas, Fourth District, San Antonio
the 227th Judicial District Court, Bexar County, Texas Trial
Court No. 2016CR4637B Honorable Kevin M. O'Connell, Judge
Elena D. Chapa, Justice
Alvarez entered into a plea bargain with the State, pursuant
to which he pleaded nolo contendere to the charge of injury
to a child. The trial court imposed sentence in accordance
with the agreement and 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).
Alvarez 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). 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." Id.
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. See Tex.
R. App. P. 25.2(a)(2). The record also appears to support the
trial court's certification that Alvarez 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).
is hereby given notice that this appeal will be dismissed
pursuant to rule 25.2(d) of the Texas Rules of Appellate
Procedure unless an amended certification showing that he has
the right to appeal is made part of the appellate record by
January 31, 2017. See Tex. R. App. P. 25.2(d);
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
order all appellate deadlines suspended until further order
of the court. We further order the clerk of
this court to serve copies of this order on ...