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Padgett v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
Nos. 04-08-00265-CR 04-08-00266-CR (Tex. App. May. 21, 2008)

Opinion

Nos. 04-08-00265- CR 04-08-00266-CR

Delivered and Filed: May 21, 2008. DO NOT PUBLISH

Appeal from the 227th Judicial District Court, Bexar County, Texas Trial Court Nos. 2006-CR-8680 2006-CR-1661 Honorable Philip A. Kazen, Judge Presiding. DISMISSED FOR LACK OF JURISDICTION

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.


MEMORANDUM OPINION


Pursuant to a plea-bargain agreement, Justin Padgett ("Padgett") pled nolo contendere to the offenses of Possession of a Controlled Substance and Felon in Possession of a Firearm; Padgett was sentenced within the terms of a plea bargain with both sentences running concurrently. On March 31, 2008, 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." See Tex. R. App. P. 25.2(a)(2). After Padgett filed a notice of appeal in each case, the trial court clerk sent copies of the certification and notices of appeal to this court. See id. 25.2 (e). Accordingly, this court suspended the appellate deadlines to allow for an amended trial court certification to be filed. However, appellant's counsel on appeal, Angela J. Moore, has since filed a letter advising this court that after reviewing the electronic judicial records in these cases, Padgett has no right to appeal. Accordingly, these appeals are dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d). See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order).


Summaries of

Padgett v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
Nos. 04-08-00265-CR 04-08-00266-CR (Tex. App. May. 21, 2008)
Case details for

Padgett v. State

Case Details

Full title:Justin PADGETT, Appellant v. The STATE of Texas, Appellee

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

Date published: May 21, 2008

Citations

Nos. 04-08-00265-CR 04-08-00266-CR (Tex. App. May. 21, 2008)