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Saucedo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 25, 2009
Nos. 04-09-00072-CR, 04-09-00073-CR, 04-09-00074-CR (Tex. App. Mar. 25, 2009)

Opinion

Nos. 04-09-00072-CR, 04-09-00073-CR, 04-09-00074-CR

Delivered and Filed: March 25, 2009. DO NOT PUBLISH

Appealed from the 399th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2007-CR-0831, 2007-CR-2034B 2007-CR-2035, Honorable Juanita A. Vasquez-Gardner, 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 February 26, 2009, 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 March 3, 2009, defendant's appellate counsel filed a letter 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

Saucedo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 25, 2009
Nos. 04-09-00072-CR, 04-09-00073-CR, 04-09-00074-CR (Tex. App. Mar. 25, 2009)
Case details for

Saucedo v. State

Case Details

Full title:Jesse SAUCEDO, Appellant v. The STATE of Texas, Appellee

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

Date published: Mar 25, 2009

Citations

Nos. 04-09-00072-CR, 04-09-00073-CR, 04-09-00074-CR (Tex. App. Mar. 25, 2009)