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Wiley v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 28, 2007
Nos. 04-07-00064-CR 04-07-00065-CR (Tex. App. Feb. 28, 2007)

Opinion

Nos. 04-07-00064- CR 04-07-00065-CR

February 28, 2007. DO NOT PUBLISH.

From the 226th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2006-CR-6397 2006-CR-9207W, Honorable Sid L. Harle, Judge Presiding.

Sitting: Alma L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.


MEMORANDUM OPINION


DISMISSED The trial court's certification in each of these appeals states that the 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). Appellant's counsel has filed written notice with this court that counsel has reviewed the records and "can find no right of appeal for Appellant." We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that he has the right of appeal. 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.). In light of the records presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss the appeals. Accordingly, the appeals are dismissed.


Summaries of

Wiley v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 28, 2007
Nos. 04-07-00064-CR 04-07-00065-CR (Tex. App. Feb. 28, 2007)
Case details for

Wiley v. State

Case Details

Full title:Odis WILEY, Appellant v. The STATE of Texas, Appellee

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

Date published: Feb 28, 2007

Citations

Nos. 04-07-00064-CR 04-07-00065-CR (Tex. App. Feb. 28, 2007)