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Franklin v. State

Court of Appeals of Texas, Fourth District, San Antonio
Oct 7, 2009
Nos. 04-09-00539-CR and 04-09-00540-CR (Tex. App. Oct. 7, 2009)

Opinion

Nos. 04-09-00539-CR and 04-09-00540-CR

Delivered and Filed: October 7, 2009. DO NOT PUBLISH

Appealed from the 227th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2008-CR-6844A and 2008-CR-6843A, Honorable Philip A. Kazen, Jr., Judge Presiding. DISMISSED.

Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


The trial court certifications in both of these appeals state that these cases are "plea-bargain case[s], and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he 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). Appellant's counsel filed written notices with this court that counsel reviewed the records and, in either case, "can find no right of appeal for Appellant." We construe these notices as an indication that appellant will not seek to file amended trial court certifications showing that he has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, no pet.). In light of the record presented, we agree with appellant's counsel that Rule 25.2(d) requires this court dismiss these appeals. Accordingly, these appeals are dismissed.


Summaries of

Franklin v. State

Court of Appeals of Texas, Fourth District, San Antonio
Oct 7, 2009
Nos. 04-09-00539-CR and 04-09-00540-CR (Tex. App. Oct. 7, 2009)
Case details for

Franklin v. State

Case Details

Full title:Dominique FRANKLIN, Appellant v. The STATE of Texas, Appellee

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

Date published: Oct 7, 2009

Citations

Nos. 04-09-00539-CR and 04-09-00540-CR (Tex. App. Oct. 7, 2009)