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Phillips v. State

Fourth Court of Appeals San Antonio, Texas
Apr 29, 2016
No. 04-16-00243-CR (Tex. App. Apr. 29, 2016)

Opinion

No. 04-16-00243-CR

04-29-2016

Frank Deon PHILLIPS, Appellant v. The STATE of Texas, Appellee


From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR9117
Honorable Pat Priest, Judge Presiding

ORDER

The trial court's certification in this appeal states that "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 May 9, 2016, 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/_________

Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of April, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Phillips v. State

Fourth Court of Appeals San Antonio, Texas
Apr 29, 2016
No. 04-16-00243-CR (Tex. App. Apr. 29, 2016)
Case details for

Phillips v. State

Case Details

Full title:Frank Deon PHILLIPS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 29, 2016

Citations

No. 04-16-00243-CR (Tex. App. Apr. 29, 2016)