## COURT OF APPEALS

REBECA C. MARTINEZ

CHIEF JUSTICE

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

IRENE RIOS

BETH WATKINS

LIZA A. RODRIGUEZ

LORI I. VALENZUELA

JUSTICES FOURTH COURT OF APPEALS DISTRICT

CADENA

- REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 320 0 SAN ANTONIO, TEXAS 78205

- 3037

WWW.TXCOURTS.GOV/4THCOA.ASPX MICHAEL A. CRUZ,

CLERK OF COURT

TELEPHONE (210) 335

- 2635

FACSIMILE NO.

(210) 335

- 2762

September 1, 2022

Kurtis S. Rudkin

616 E. Blanco Road

Suite 202 B Boerne, TX 78006

* DELIVERED VIA E

- MAIL *

Lucy Wilke Assistant District Attorney, 216th

Judicial District 200 Earl Garrett Street, Ste. 201 Kerrville, TX 78028

* DELIVERED VIA E

- MAIL *

Dandy Middleton

P.O. Box 1082 Boerne, TX 78006

* DELIVERED VIA E

- MAIL * Honorable Albert D. Pattillo, II I Kerr County Courthouse

700 Main Street Kerrville, TX 78028

* DELIVERED VIA E

- MAIL *

Jan Davis

District Clerk

- Gillespie County 101 West Main Street, Room 204 Fredericksburg, TX 78624

- 3700

* DELIVERED VIA E

- MAIL *

RE: Court of Appeals Number: 04

- 22

- 00 381

- CR

Trial Court Case Number: 7790 Style: Jose Andres Romero

v. The State of Texas

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questio ns, please do not hesitate to contact me.

Very truly yours,

MICHAEL A. CRUZ

, Clerk of Court

_____________________________ Luz Estrada Chief Deputy Clerk, Ext. 3219

# Fourt **h Court of Appeals**

**San Antonio, Texas**

September 1, 2022

No. 04

- 22

- 00381

- CR

Jose Andres ROMERO

, Appellant

v.

The STATE of Texas, Appellee

From the 216th Judicial District Court

, Gillespie County, Texas

Trial Court No. 7790

Honorable Albert D. Pattillo , III , Judge Presiding



### ORDER
The trial court signed a judgment of conviction indicating that appellant Jose Andres Romero had pleaded guilty to the charged offense in the underlying case, and appellant filed a pro se notice of appeal. The clerk’s record shows the trial court signed a certification stating the underlying case “is a plea

- bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). We must dismiss an appeal “if a certification that shows the de fendant has the right of appeal has not been made part of the record.” Tex. R. App. P. 25.2(d).

This court has a duty to examine the record to determine whether the trial court’s certification of defendant’s right to appeal is accurate. See Dears v. State , 154 S.W.3d 610, 614

– 15 (Tex. Crim. App. 2005). Generally, this review involves an examination of the clerk’s record to determine whether the punishment assessed by the trial court exceeds the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. Code Crim. Proc. Ann. art. 44.02; Shankle v. State , 119 S.W.3d 808, 811

– 12 (Tex. Crim. App. 2003). Here, because the clerk’s record does not establish that the punishment assessed by the trial court does not exceed the punishment recomm ended by the prosecutor and agreed to by the defendant, we ordered the court reporter to file the reporter’s record of any hearings related to appellant’s guilty plea. The reporter’s record, which was filed on August 29, 2022, shows that appellant agreed t o plead guilty in exchange for the State’s agreement to: (1) waive two enhancement allegations; and (2) recommend that appellant’s sentences run concurrently rather than consecutively. The reporter’s

record further shows that the trial court confirmed with appellant and his appointed counsel that these provisions were part of the plea agreement. Finally, the reporter’s record shows that appellant stated that he understood that he was waiving his right to appeal as part of the plea

agreement.Based on these facts, the reporter’s record appears to support the trial court’s certification that appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2); Harper v. State , 567 S.W.3d 450, 454

– 55 (Tex. App.

— Fort Worth 2019, no pet.) (holding that Rule 25.2 app lies to plea agreements “[w]here a charge bargain effectively caps the maximum punishment”). Accordingly, appellant is given notice that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended cert ification showing that appellant has the right to appeal is made part of the appellate record by October 3, 2022

. 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

meri ts , No. 04

- 03

- 00176

- CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication).

We ORDER all appellate deadlines are suspended until further order of the court. We

further ORDER the clerk of this court to serve copies of this order o n the attorneys of record and the court reporter.

_________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affi xed the seal of the said

court on this 1st day of September, 2022

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court