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Date: 09-28-2022

Case Style:

Gabriel Anthony v. The State of Texas

Case Number: 04-21-00485-CR

Judge: Rebeca C. Martinez


Fourth Court of Appeals San Antonio, Texas

On appeal from the 144th Judicial District Court of Bexar County

Plaintiff's Attorney: Joe D. Gonzales

Defendant's Attorney:

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San Antonio, Texas – Criminal Defense lawyer represented defendant with a criminal case that has NO right of appeal.

Texas Rules of Appellate
Procedure provides that an appeal “must be dismissed if a certification that shows the defendant
has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.
25.2(d). 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 defendant has no right of appeal. See

We issued a show cause order stating this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification
showing that appellant has the right to appeal was made part of the appellate record. See TEX. R.
APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order).
Appellant did not respond. In light of the record presented, we conclude that the trial court’s
certification correctly asserts that the defendant has no right of appeal; therefore, Rule 25.2(d)
requires this court to dismiss this appeal.

Outcome: Accordingly, the appeal is dismissed.

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