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Hickman v. State

Court of Appeals of Texas
Jan 18, 2012
No. 04-11-00794-CR (Tex. App. Jan. 18, 2012)

Opinion

No. 04-11-00794-CR

01-18-2012

John Fredrich HICKMAN, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2011-CR-8297W

Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice
DISMISSED

On November 28, 2011, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record on or before December 28, 2011. 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, order). Appellant did not respond. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court 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 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). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).

PER CURIAM DO NOT PUBLISH


Summaries of

Hickman v. State

Court of Appeals of Texas
Jan 18, 2012
No. 04-11-00794-CR (Tex. App. Jan. 18, 2012)
Case details for

Hickman v. State

Case Details

Full title:John Fredrich HICKMAN, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas

Date published: Jan 18, 2012

Citations

No. 04-11-00794-CR (Tex. App. Jan. 18, 2012)