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Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00716-CR (Tex. App. Mar. 30, 2005)

Summary

dismissing appeal based on trial court's certification, not considering the Anders brief, and denying counsel's motion to withdraw as moot

Summary of this case from Bishop v. State

Opinion

No. 04-04-00716-CR

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 DO NOT PUBLISH.

Appeal from the 187th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-7701A, Honorable Raymond Angelini, Judge Presiding. Dismissed.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


On February 4, 2005, we ordered appellant to show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex.R.App.P. 25.2(d). Our order suspended all appellate deadlines pending a determination of whether this court has jurisdiction over the appeal. Appellant responded to our show cause order by submitting a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). No amended certification showing that appellant has the right of appeal has been filed. A supplemental clerk's record containing the trial court's order declining to amend its certification was filed in this court on February 23, 2005. The trial court's certification in the record states "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 appellant; therefore, the clerk's record supports the trial court's certification that appellant has no right of appeal. See Tex.R.App.P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex.R.App.P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, pet. filed). We do not consider the Anders brief, and counsel's motion to withdraw is denied as moot.


Summaries of

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00716-CR (Tex. App. Mar. 30, 2005)

dismissing appeal based on trial court's certification, not considering the Anders brief, and denying counsel's motion to withdraw as moot

Summary of this case from Bishop v. State
Case details for

Garcia v. State

Case Details

Full title:ALFRED GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 30, 2005

Citations

No. 04-04-00716-CR (Tex. App. Mar. 30, 2005)

Citing Cases

Bishop v. State

Because we dismiss the appeal based on the trial court's certification, we need not consider Bishop's…