Opinion
No. 04-13-00658-CR No. 13-00659-CR No. 13-00660-CR
2013-10-03
George Edward PURDY, Appellant v. THE STATE OF TEXAS, Appellee
From the 216th Judicial District Court, Kendall County, Texas
Trial Court Nos. 4482, 4958 & 4959
Honorable N. Keith Williams, Judge Presiding
ORDER
The trial court's certification in each of these appeals states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain a written plea bargain, and the trial court's judgments reflect that the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court's certifications accurately reflects that the criminal cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The 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). It is therefore ORDERED that these appeals will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate procedure unless appellant causes an amended trial court certification to be filed in each of these appeals by November 4, 2013, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of October, 2013.
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Keith E. Hottle
Clerk of Court