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Free v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00843-CR (Tex. App. Mar. 30, 2005)

Opinion

No. 04-04-00843-CR

Delivered and Filed: March 30, 2005. DO NOT PUBLISH.

Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-3574, Honorable Sharon MacRae, Judge Presiding. Dismissed.

Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.


MEMORANDUM OPINION


The trial court's certification in this appeal states that this case "is a plea-bargain case, and the defendant has NO right of appeal." It further states "the defendant has waived the 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). On February 16, 2005, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless appellant filed an amended trial court certification showing that he had the right of appeal by March 18, 2005. 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.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.


Summaries of

Free v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00843-CR (Tex. App. Mar. 30, 2005)
Case details for

Free v. State

Case Details

Full title:ROBERT BOULDIN FREE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 30, 2005

Citations

No. 04-04-00843-CR (Tex. App. Mar. 30, 2005)