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Hernandez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 11, 2009
Nos. 04-08-00847-CR 04-08-00848-CR (Tex. App. Feb. 11, 2009)

Opinion

Nos. 04-08-00847- CR 04-08-00848-CR

Delivered and Filed: February 11, 2009. DO NOT PUBLISH.

Appealed from the 290th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2007CR9885 2007CR5616B, Honorable Sharon MacRae, Judge Presiding. DISMISSED.

Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


The trial court's certification in each of these appeals states that the 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, "[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 has filed written notice with this court that counsel has reviewed the record and "can find no right of appeal for Appellant." We construe this notice as an indication that appellant will not seek to file an amended trial court certification 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 to dismiss these appeals. Accordingly, these appeals are dismissed.


Summaries of

Hernandez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 11, 2009
Nos. 04-08-00847-CR 04-08-00848-CR (Tex. App. Feb. 11, 2009)
Case details for

Hernandez v. State

Case Details

Full title:Felix HERNANDEZ, Appellant v. The STATE of Texas, Appellee

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

Date published: Feb 11, 2009

Citations

Nos. 04-08-00847-CR 04-08-00848-CR (Tex. App. Feb. 11, 2009)