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McGilvrey v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 24, 2010
Nos. 04-10-00027-CR 04-10-00028-CR (Tex. App. Feb. 24, 2010)

Opinion

Nos. 04-10-00027- CR 04-10-00028-CR

Delivered and Filed: February 24, 2010. DO NOT PUBLISH.

Appealed from the 186th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2009-CR-8655 2009-CR-10808W, Honorable Maria Teresa Herr, Judge Presiding. Dismissed.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


The trial court's certifications in these appeals state that the cases are "plea-bargain case[s], 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, indicating counsel has reviewed the records in these appeals and "can find no right of appeal for Appellant." We construe this notice as an indication that appellant will not seek to file amended trial court certifications 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 records presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.


Summaries of

McGilvrey v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 24, 2010
Nos. 04-10-00027-CR 04-10-00028-CR (Tex. App. Feb. 24, 2010)
Case details for

McGilvrey v. State

Case Details

Full title:Jeremy James MCGILVREY, Appellant v. The STATE of Texas, Appellee

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

Date published: Feb 24, 2010

Citations

Nos. 04-10-00027-CR 04-10-00028-CR (Tex. App. Feb. 24, 2010)