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Allen v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 23, 2024
No. 04-24-00043-CR (Tex. App. Jan. 23, 2024)

Opinion

04-24-00043-CR

01-23-2024

John David ALLEN, Appellant v. The STATE of Texas, Appellee


From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR4900 Honorable Frank J. Castro, Judge Presiding

ORDER

Patricia O. Alvarez, Justice

The trial court's certification in this appeal 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 recommended by the prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See Tex. R. App. P. 25.2(a)(2).

This court must dismiss this appeal "if a certification that the defendant has a right of appeal has not been made part of the record under these rules." Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

We order Appellant to cause an amended trial court certification to be filed in this court within thirty days of the date of this order 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.). If no amended trial court certification is filed as ordered, this appeal will be dismissed. See Tex. R. App. P. 25.2(d).

All other appellate deadlines are suspended pending further order of this court.


Summaries of

Allen v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 23, 2024
No. 04-24-00043-CR (Tex. App. Jan. 23, 2024)
Case details for

Allen v. State

Case Details

Full title:John David ALLEN, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 23, 2024

Citations

No. 04-24-00043-CR (Tex. App. Jan. 23, 2024)