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Cheeks v. State

Court of Appeals Seventh District of Texas at Amarillo
Jun 3, 2019
No. 07-19-00106-CR (Tex. App. Jun. 3, 2019)

Opinion

No. 07-19-00106-CR

06-03-2019

DESMOND DESHAWN CHEEKS, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 181st District Court Potter County, Texas
Trial Court No. 75,756-B-CR, Honorable Dan L. Schaap, Presiding

MEMORANDUM OPINION

Before CAMPBELL and PIRTLE and PARKER, JJ.

Pursuant to a plea bargain agreement, appellant, Desmond Deshawn Cheeks, was convicted of making a terroristic threat against a peace officer or judge, enhanced, and sentenced to twenty years' confinement. The trial court's certification of appellant's right of appeal reflects that appellant's case is a plea-bargain case with no right of appeal and that appellant waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d). Notwithstanding the certification, appellant filed a notice of appeal, pro se, challenging his conviction.

TEX. PENAL CODE ANN. § 22.07(c-1) (West 2019).

We are required by appellate rule 25.2(d) to dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." TEX. R. APP. P. 25.2(d). By letter dated March 28, 2019, we notified appellant of the consequences of the certification and invited him to file an amended certification providing a right of appeal or to demonstrate other grounds for continuing the appeal by April 11, 2019. To date, appellant has not filed an amended certification reflecting a right of appeal or a response to our letter.

Accordingly, we dismiss the appeal. TEX. R. APP. P. 25.2(d).

Judy C. Parker

Justice Do not publish.


Summaries of

Cheeks v. State

Court of Appeals Seventh District of Texas at Amarillo
Jun 3, 2019
No. 07-19-00106-CR (Tex. App. Jun. 3, 2019)
Case details for

Cheeks v. State

Case Details

Full title:DESMOND DESHAWN CHEEKS, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Jun 3, 2019

Citations

No. 07-19-00106-CR (Tex. App. Jun. 3, 2019)