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Hinojosa v. State

Fourth Court of Appeals San Antonio, Texas
Oct 29, 2014
No. 04-14-00725-CR (Tex. App. Oct. 29, 2014)

Opinion

No. 04-14-00725-CR No.04-14-00726-CR

10-29-2014

Joe Eric hinojosa, Appellant v. The state of Texas, Appellee


From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR10041 and 2013CR10042
Honorable Raymond Angelini, Judge Presiding

ORDER

The trial court's certification in each of these appeals states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain 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 trial court's certifications accurately reflects that the criminal cases are plea-bargain cases. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The 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). It is therefore ORDERED that these appeals will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed in each appeal by November 24, 2014, showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

/s/_________

Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of October, 2014.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Hinojosa v. State

Fourth Court of Appeals San Antonio, Texas
Oct 29, 2014
No. 04-14-00725-CR (Tex. App. Oct. 29, 2014)
Case details for

Hinojosa v. State

Case Details

Full title:Joe Eric hinojosa, Appellant v. The state of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 29, 2014

Citations

No. 04-14-00725-CR (Tex. App. Oct. 29, 2014)