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Morgan-Davis v. State

Fourth Court of Appeals San Antonio, Texas
Jul 9, 2015
No. 04-15-00403-CR (Tex. App. Jul. 9, 2015)

Opinion

No. 04-15-00403-CR

07-09-2015

Kenneth Thomas Morgan-DAVIS, Appellant v. The STATE of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR4937
The Honorable Kevin M. O'Connell, Judge Presiding

ORDER

The trial court's certification in this appeal states this criminal case "is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).

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).

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 July 31, 2015, 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 our 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 9th day of July, 2015.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Morgan-Davis v. State

Fourth Court of Appeals San Antonio, Texas
Jul 9, 2015
No. 04-15-00403-CR (Tex. App. Jul. 9, 2015)
Case details for

Morgan-Davis v. State

Case Details

Full title:Kenneth Thomas Morgan-DAVIS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 9, 2015

Citations

No. 04-15-00403-CR (Tex. App. Jul. 9, 2015)