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Monroe v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 10, 2008
Nos. 04-08-00772-CR, 04-08-00773-CR, 04-08-00774-CR (Tex. App. Dec. 10, 2008)

Opinion

Nos. 04-08-00772-CR, 04-08-00773-CR, 04-08-00774-CR

Delivered and Filed: December 10, 2008. DO NOT PUBLISH.

Appealed from the 144th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2006-CR-10969A, 2006-CR-10970A 2006-CR-10972, Honorable Catherine Torres-Stahl, Judge Presiding. Dismissed.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


The trial court signed certifications of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO 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 November 6, 2008, this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) unless amended trial court certifications that show defendant has the right of appeal were made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order); Tex. R. App. P. 25.2(d); 37.1. On November 21, 2008, defendant's appellate counsel filed letters stating "this court has no choice but to dismiss the appeal." In light of the record presented, we agree with defendant's counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, these appeals are dismissed.


Summaries of

Monroe v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 10, 2008
Nos. 04-08-00772-CR, 04-08-00773-CR, 04-08-00774-CR (Tex. App. Dec. 10, 2008)
Case details for

Monroe v. State

Case Details

Full title:David Torrance MONROE, Appellant v. The STATE of Texas, Appellee

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

Date published: Dec 10, 2008

Citations

Nos. 04-08-00772-CR, 04-08-00773-CR, 04-08-00774-CR (Tex. App. Dec. 10, 2008)