From Casetext: Smarter Legal Research

Spivey v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 4, 2009
No. 04-08-00830-CR (Tex. App. Feb. 4, 2009)

Opinion

No. 04-08-00830-CR

Delivered and Filed: February 4, 2009. DO NOT PUBLISH.

Appealed from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-10056A, Honorable Lori A. Crockett, Judge Presiding. DISMISSED.

Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


The trial court's certification in this appeal states that this case "is a plea-bargain case, and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." TEX. R. APP. P. 25.2(d). On November 24, 2008, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless appellant filed an amended trial court certification showing that he had the right of appeal by December 29, 2008. See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex.App.-San Antonio 2003, no pet.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.


Summaries of

Spivey v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 4, 2009
No. 04-08-00830-CR (Tex. App. Feb. 4, 2009)
Case details for

Spivey v. State

Case Details

Full title:Walter S. SPIVEY, Appellant v. The STATE of Texas, Appellee

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

Date published: Feb 4, 2009

Citations

No. 04-08-00830-CR (Tex. App. Feb. 4, 2009)