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Grissett v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 29, 2021
No. 04-21-00062-CR (Tex. App. Sep. 29, 2021)

Opinion

04-21-00063-CR

09-29-2021

Derrick Wayne GRISSETT, Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CR-0493W Honorable Catherine Torres-Stahl, Judge Presiding.

Sitting: Rebeca C. Martinez, Chief Justice, Liza A. Rodriguez, Justice, Lori I. Valenzuela, Justice.

MEMORANDUM OPINION

PER CURIAM

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." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an 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). 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 clerk's record supports the trial court's certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). In addition, appellant's appointed counsel filed a document stating she reviewed the clerk's record and found no right of appeal for appellant. In light of the record presented, we conclude that the trial court's certification correctly asserts that the defendant has no right of appeal; therefore, Rule 25.2(d) requires this court to dismiss this appeal. Tex.R.App.P. 25.2(d). Accordingly, the appeal is dismissed. See Tex. R. App. P. 25.2(d).


Summaries of

Grissett v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 29, 2021
No. 04-21-00062-CR (Tex. App. Sep. 29, 2021)
Case details for

Grissett v. State

Case Details

Full title:Derrick Wayne GRISSETT, Appellant v. The STATE of Texas, Appellee

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

Date published: Sep 29, 2021

Citations

No. 04-21-00062-CR (Tex. App. Sep. 29, 2021)