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Cole v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 27, 2010
No. 04-09-00547-CR (Tex. App. Jan. 27, 2010)

Opinion

No. 04-09-00547-CR

Delivered and Filed: January 27, 2010. DO NOT PUBLISH

Appealed from the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-8531, Honorable Sharon S. MacRae, Judge Presiding. Dismissed.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


The trial court signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, "The 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." TEX. R. APP. P. 25.2(d). Accordingly, on December 3, 2009, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.


Summaries of

Cole v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 27, 2010
No. 04-09-00547-CR (Tex. App. Jan. 27, 2010)
Case details for

Cole v. State

Case Details

Full title:Robbie James COLE, Appellant v. The STATE of Texas, Appellee

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

Date published: Jan 27, 2010

Citations

No. 04-09-00547-CR (Tex. App. Jan. 27, 2010)