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Armstead v. State

Fourth Court of Appeals San Antonio, Texas
Aug 3, 2016
No. 04-16-00180-CR (Tex. App. Aug. 3, 2016)

Opinion

No. 04-16-00180-CR

08-03-2016

Lawrence ARMSTEAD, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR5830
The Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED

On June 16, 2016, we notified the appellant that the trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." Additionally, the clerk's record contains a written waiver signed by the appellant pursuant to which he entered a plea of nolo contendere. The trial court's judgment also reflects that the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court's certification accurately reflects that this criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

In our June 16, 2016 order, we warned the appellant that "[this] appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." See id. R. 25.2(d). We ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed by November 13, 2015 that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss this appeal.

PER CURIAM Do not publish


Summaries of

Armstead v. State

Fourth Court of Appeals San Antonio, Texas
Aug 3, 2016
No. 04-16-00180-CR (Tex. App. Aug. 3, 2016)
Case details for

Armstead v. State

Case Details

Full title:Lawrence ARMSTEAD, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 3, 2016

Citations

No. 04-16-00180-CR (Tex. App. Aug. 3, 2016)