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Date: 10-11-2018

Case Style:

Lorenzo Vega v. The State of Texas

Case Number: 04-18-00600-CR

Judge: PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Nicholas A. LaHood

Defendant's Attorney: name " target="_new">Michael D. Robbins
Michael Lee Young

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On September 12, 2018, this court issued an order stating this appeal would be dismissed
pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the
right of appeal was made part of the appellate record within thirty days of the order. 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’s counsel filed a response in which he states that he has reviewed the
clerk’s record and “can find no right of appeal” for appellant; counsel concedes that we may
dismiss the appeal for that reason. In light of the record presented, Rule 25.2(d) requires this court
to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record does not contain a certification that
shows the defendant has the right of appeal; to the contrary, 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 the defendant; therefore, the clerk’s
record supports the trial court’s certification that the defendant has no right of appeal. See TEX. R.
APP.

Outcome: Accordingly, we dismiss the appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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