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Miguel v. State

Court of Appeals of Texas, Seventh District, Amarillo
Aug 15, 2023
No. 07-23-00198-CR (Tex. App. Aug. 15, 2023)

Opinion

07-23-00198-CR

08-15-2023

SAMUEL SAN MIGUEL, APPELLANT v. THE STATE OF TEXAS, APPELLEE


Do not publish.

On Appeal from the 154th District Court Lamb County, Texas Trial Court No. DCR-6293-22, Honorable Scott A. Say, Presiding

Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

MEMORANDUM OPINION

PER CURIAM.

Pursuant to a plea bargain agreement, Appellant, Samuel San Miguel, was convicted of attempted possession of a prohibited substance in a civil commitment facilityand sentenced to one hundred and seventy-five days' confinement in Lamb County Jail. The trial court's certification of Appellant's right of appeal reflects that this is a plea bargain case from which Appellant has no right of appeal. The certification comports with the record before the Court. Notwithstanding the certification, Appellant filed a notice of appeal, pro se, challenging his conviction.

We are required by Texas Rule of Appellate Procedure 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." By letter of July 28, 2023, we notified Appellant of the consequences of the trial court's certification and directed him to show grounds for continuing the appeal. Appellant filed a response but has failed to demonstrate a right to appeal his conviction.

Accordingly, we dismiss the appeal based on the trial court's certification. See TEX. R. APP. P. 25.2(d).


Summaries of

Miguel v. State

Court of Appeals of Texas, Seventh District, Amarillo
Aug 15, 2023
No. 07-23-00198-CR (Tex. App. Aug. 15, 2023)
Case details for

Miguel v. State

Case Details

Full title:SAMUEL SAN MIGUEL, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Aug 15, 2023

Citations

No. 07-23-00198-CR (Tex. App. Aug. 15, 2023)