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Kelley v. State

Fourth Court of Appeals San Antonio, Texas
Jan 6, 2016
No. 04-15-00694-CR (Tex. App. Jan. 6, 2016)

Opinion

No. 04-15-00694-CR

01-06-2016

Willie J. KELLEY, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR7887
Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice DISMISSED

On November 17, 2015, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record within thirty days. See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, order). Appellant did not file an amended certification.

The clerk's record does not contain a certification that shows the defendant has the right of appeal. The trial court certification in the record states "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment defendant was admonished he would receive; therefore, the clerk's record supports the trial court's certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2).

Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 25.2(d).

PER CURIAM DO NOT PUBLISH


Summaries of

Kelley v. State

Fourth Court of Appeals San Antonio, Texas
Jan 6, 2016
No. 04-15-00694-CR (Tex. App. Jan. 6, 2016)
Case details for

Kelley v. State

Case Details

Full title:Willie J. KELLEY, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 6, 2016

Citations

No. 04-15-00694-CR (Tex. App. Jan. 6, 2016)