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Mercer v. State

Fourth Court of Appeals San Antonio, Texas
Nov 14, 2012
No. 04-12-00567-CR (Tex. App. Nov. 14, 2012)

Opinion

No. 04-12-00567-CR

11-14-2012

Jimmy Lynn MERCER, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR2441

Honorable Philip Kazen, Judge Presiding

PER CURIAM Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice
DISMISSED

The trial court 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" and "defendant has waived the 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 12, 2012, 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 defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended certification has been filed. Accordingly, this appeal is dismissed.

PER CURIAM Do not publish


Summaries of

Mercer v. State

Fourth Court of Appeals San Antonio, Texas
Nov 14, 2012
No. 04-12-00567-CR (Tex. App. Nov. 14, 2012)
Case details for

Mercer v. State

Case Details

Full title:Jimmy Lynn MERCER, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 14, 2012

Citations

No. 04-12-00567-CR (Tex. App. Nov. 14, 2012)