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Kyle v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00840-CR (Tex. App. Mar. 30, 2005)

Opinion

No. 04-04-00840-CR

Delivered and Filed: March 30, 2005. DO NOT PUBLISH.

Appeal from the 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-8360W, Honorable Bert Richardson, Judge Presiding. Dismissed.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


On January 26, 2005, we ordered appellant to respond on or before February 23, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex.R.App.P. 25.2(d). 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); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, pet. filed).


Summaries of

Kyle v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-04-00840-CR (Tex. App. Mar. 30, 2005)
Case details for

Kyle v. State

Case Details

Full title:LAWRENCE W. KYLE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 30, 2005

Citations

No. 04-04-00840-CR (Tex. App. Mar. 30, 2005)