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Carter v. State

Court of Appeals of Texas, Third District, Austin
Dec 5, 2006
No. 03-06-00686-CR (Tex. App. Dec. 5, 2006)

Opinion

No. 03-06-00686-CR.

Filed: December 5, 2006. DO NOT PUBLISH.

Appeals from the District Court of Travis County, 390th Judicial District No. D-1-DC-06-203219, Honorable Fred A. Moore, Judge Presiding.

Before Chief Justice Law, Justices Patterson and Puryear.


MEMORANDUM OPINION


Eric Carter's counsel timely filed a notice of appeal following Carter's conviction for possession of cocaine. The trial court certified that this is a plea-bargain case, and Carter has no right of appeal. The notice of appeal states, however, that Carter intends to appeal the overruling of his pretrial motion to suppress. See Tex. R. App. P. 25.2(a)(2)(A). The appeal is abated. If this was a plea-bargain case (as the judgment reflects), but matters (such as a motion to suppress evidence) were raised by written motion filed and ruled on before trial and not withdrawn or waived, Carter has the right of appeal, and the court shall prepare and file an amended certification so stating. If the trial court remains satisfied that Carter has no right of appeal, it shall confirm its original certification in writing. A copy of the amended certification or written confirmation shall be forwarded to the Clerk of this Court no later than December 19, 2006.


Summaries of

Carter v. State

Court of Appeals of Texas, Third District, Austin
Dec 5, 2006
No. 03-06-00686-CR (Tex. App. Dec. 5, 2006)
Case details for

Carter v. State

Case Details

Full title:Eric Carter, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Dec 5, 2006

Citations

No. 03-06-00686-CR (Tex. App. Dec. 5, 2006)