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Kirkham v. State

Fourth Court of Appeals San Antonio, Texas
Nov 8, 2017
No. 04-17-00602-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 04-17-00602-CR

11-08-2017

Ronald Dee KIRKHAM, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR6380A
Honorable Lorina I. Rummel, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice APPEAL DISMISSED

Appellant pled nolo contendre to theft "$30,000 to $150,000 VE" and was sentenced within the terms of a plea bargain. The trial court imposed sentence and signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent copies of the certification to this court. See TEX. R. APP. P. 25.2(e).

The clerk's record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant; therefore, the trial court's certification accurately reflects that appellant's case is a plea bargain case and he does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, "The 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). Accordingly, on September 28, 2017, 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. See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.

PER CURIAM Do not publish


Summaries of

Kirkham v. State

Fourth Court of Appeals San Antonio, Texas
Nov 8, 2017
No. 04-17-00602-CR (Tex. App. Nov. 8, 2017)
Case details for

Kirkham v. State

Case Details

Full title:Ronald Dee KIRKHAM, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 8, 2017

Citations

No. 04-17-00602-CR (Tex. App. Nov. 8, 2017)