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BOEN v. STATE

Court of Appeals of Texas, Fourth District, San Antonio
Apr 18, 2007
Nos. 04-07-00017-CR, 04-07-00018-CR (Tex. App. Apr. 18, 2007)

Opinion

Nos. 04-07-00017-CR, 04-07-00018-CR

Delivered and Filed: April 18, 2007. DO NOT PUBLISH.

Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2006-CR-4989 2006-CR-7613, Honorable Mark Luitjen, Judge Presiding. DISMISSED

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice and SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


The trial court's certifications in these appeals state that the cases are "plea-bargain case[s], and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). Appellant's appellate counsel has notified this court that appellant does not have a right to appeal in these cases. Moreover, counsel has indicated that appellant would not file an amended trial court certification showing that he had the right of appeal in either of his cases. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex.App.-San Antonio 2003, no pet.). In light of the record presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.


Summaries of

BOEN v. STATE

Court of Appeals of Texas, Fourth District, San Antonio
Apr 18, 2007
Nos. 04-07-00017-CR, 04-07-00018-CR (Tex. App. Apr. 18, 2007)
Case details for

BOEN v. STATE

Case Details

Full title:Terry Bart BOEN, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 18, 2007

Citations

Nos. 04-07-00017-CR, 04-07-00018-CR (Tex. App. Apr. 18, 2007)