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Mendiola v. State

Fourth Court of Appeals San Antonio, Texas
Dec 14, 2015
No. 04-15-00764-CR (Tex. App. Dec. 14, 2015)

Opinion

No. 04-15-00764-CR

12-14-2015

Andrew MENDIOLA, Appellant v. The STATE of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR8633
Honorable Kevin M. O'Connell, Judge Presiding

ORDER

The trial court's certification in this appeal states, "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." Texas Rule of Appellate Procedure Rule 25.2(d) provides the record in an appeal brought by a criminal defendant must contain a certification of right to appeal. TEX. R. APP. P. 25.2(d). If the record does not contain a certification that shows the defendant has a right of appeal, the appeal must be dismissed. Id.

It is therefore ORDERED this appeal 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 by December 28, 2015, 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 resolution of the certification issue.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2015.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Mendiola v. State

Fourth Court of Appeals San Antonio, Texas
Dec 14, 2015
No. 04-15-00764-CR (Tex. App. Dec. 14, 2015)
Case details for

Mendiola v. State

Case Details

Full title:Andrew MENDIOLA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 14, 2015

Citations

No. 04-15-00764-CR (Tex. App. Dec. 14, 2015)