From Casetext: Smarter Legal Research

McIntyre v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Sep 28, 2012
NO. 03-12-00508-CR (Tex. App. Sep. 28, 2012)

Opinion

NO. 03-12-00508-CR

09-28-2012

Ernest Benl McIntyre, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 66893, HONORABLE JOE CARROLL, JUDGE PRESIDING


ORDER

PER CURIAM

This Court dismissed Ernest Benl McIntyre's appeal from his judgment of conviction for possession of child pornography because the trial court certified that the underlying matter was a plea bargain case in which McIntyre had no right of appeal and that McIntyre waived the right of appeal. See Tex. R. App. P. 25.2(a)(2),(d). However, we subsequently received a supplemental clerk's record containing a certificate of defendant's right to appeal nunc pro tunc and a letter from the district court stating that McIntyre has the right of appeal. See Tex. R. App. P. 25.2(f).

Accordingly, we withdraw our opinion and judgment dated August 10, 2012, and reinstate the appeal.

It is ordered on September 28, 2012. Before Chief Justice Jones, Justices Rose and Goodwin Do Not Publish


Summaries of

McIntyre v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Sep 28, 2012
NO. 03-12-00508-CR (Tex. App. Sep. 28, 2012)
Case details for

McIntyre v. State

Case Details

Full title:Ernest Benl McIntyre, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Sep 28, 2012

Citations

NO. 03-12-00508-CR (Tex. App. Sep. 28, 2012)