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Downs v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-04-00156-CR (Tex. App. Aug. 18, 2004)

Opinion

No. 10-04-00156-CR

Opinion delivered and filed August 18, 2004. DO NOT PUBLISH.

Appeal from the 82nd District Court Robertson County, Texas, Trial Court # 04-02-17,624-CR. Dismissed.

Aaron James Downs, Franklin, TX, pro se. John C. Paschall, Robertson County District Attorney, Franklin, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM Opinion


Aaron James Downs appeals from his plea-bargained conviction of unauthorized use of a motor vehicle. The trial court's certification regarding Downs's right of appeal affirmatively shows that Downs has no right of appeal. We dismiss the appeal. See TEX. R. APP. P. 25.2(d); High v. State, 115 S.W.3d 581, 582 (Tex. App.-Waco 2003, pet. ref'd). (Justice Vance dissents because Down's motion that was denied and now complained of is missing from the clerk's record, i.e., the motion for new trial. Because it was denied after the date of the trial court's certification, I would request a supplemental clerk's record rather than dismiss.)


Summaries of

Downs v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-04-00156-CR (Tex. App. Aug. 18, 2004)
Case details for

Downs v. State

Case Details

Full title:AARON JAMES DOWNS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 18, 2004

Citations

No. 10-04-00156-CR (Tex. App. Aug. 18, 2004)