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Date: 05-15-2019

Case Style:

Abraham Bastien v. The State of Texas

Case Number: 04-19-00089-CR 04-19-00090-CR

Judge: PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Joe D. Gonzales

Defendant's Attorney: Judith K. Wemmert

Description:



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The clerkís record has been filed in this case. The clerkís record contains the trial courtís
Rule 25.2 certification, which does not show appellant has the right of appeal. See TEX. R. APP. P.
25.2. We issued an order notifying appellant that this appeal would be dismissed within 30 days
of the order if two conditions were met: (1) a certification or amended certification showing
appellant has the right of appeal has not been made part of the record; and (2) the trial courtís
certification is not defective. See id. R. 25.2(d) (requiring us to dismiss a criminal appeal if a
certification that shows the defendant has the right of appeal has not been made part of the record).

Because no amended certification showing appellant has the right of appeal has been made part of
the appellate record, the only issue is whether the trial courtís certification is defective in the
notification of the defendantís appellate rights. See Dears v. State, 154 S.W.3d 610 (Tex. Crim.
App. 2005) (holding court of appeals must determine whether the certification is defective).
The trial courtís certification states this is a plea bargain case and the defendant has no
right of appeal. See R. 25.2(a); see also TEX. CODE CRIM. PROC. ANN. art. 44.02. The clerkís record
establishes the punishment assessed by the trial court does not exceed the punishment
recommended by the prosecutor and agreed to by the defendant in the plea bargain agreement. See
R. 25.2(a). The clerkís record also does not show the trial court granted appellant permission to
appeal or contain any matters that were raised by written motion and ruled on before trial. See id.
Appellantís counsel has not represented to this court that the trial courtís certification is defective
in the notification of the defendantís appellate rights.

Outcome: We conclude the trial courtís certification is not defective in its notification of the defendantís appellate rights. Accordingly, we must dismiss this appeal. See id. R. 25.2(d).

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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