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Davison v. State

Fourth Court of Appeals San Antonio, Texas
Jul 2, 2014
No. 04-14-00327-CR (Tex. App. Jul. 2, 2014)

Opinion

No. 04-14-00327-CR

07-02-2014

Shelton Ray DAVISON, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR2186

Honorable Ray Olivarri, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED

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." 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; therefore, the trial court's certification accurately reflects that the underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

Under Rule 25.2(d), this "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).

On May 22, 2014, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal was made part of the appellate record by June 23, 2014. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, no response has been filed.

Absent an amended trial court certification showing that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss this appeal. See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, this appeal is dismissed.

PER CURIAM DO NOT PUBLISH


Summaries of

Davison v. State

Fourth Court of Appeals San Antonio, Texas
Jul 2, 2014
No. 04-14-00327-CR (Tex. App. Jul. 2, 2014)
Case details for

Davison v. State

Case Details

Full title:Shelton Ray DAVISON, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 2, 2014

Citations

No. 04-14-00327-CR (Tex. App. Jul. 2, 2014)