Thatcherv.State

Fourth Court of Appeals San Antonio, TexasMar 12, 2019
No. 04-19-00017-CR (Tex. App. Mar. 12, 2019)

No. 04-19-00017-CR

03-12-2019

John Ray THATCHER, Appellant v. The STATE of Texas, Appellee


From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR0442
Honorable Jefferson Moore, Judge Presiding

ORDER

Pursuant to a plea bargain agreement with the State, appellant John Ray Thatcher pled nolo contendere to the offense of evading arrest. As part of his plea agreement, appellant signed a separate "Waiver of Appeal." The trial court imposed sentence and signed a certificate stating that this "is a plea-bargain case, and the defendant has NO right of appeal" and "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2). This court gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal was made part of the appellate record. See id. R. 25.2(d), id. R. 37.1; see also Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication). Appellant's appointed appellate counsel filed a written response stating he reviewed the record and could find no right of appeal. After reviewing the record and counsel's notice, we rendered an opinion and judgment on February 13, 2019, dismissing the appeal. See TEX. R. APP. P. 25.2(d).

Despite appointed counsel's prior response, on February 12, 2019, he filed an Anders brief and a motion to withdraw. However, as counsel agreed in his response to our order, appellant has no right to appeal. See id. R. 25.2(a)(2). Accordingly, we ORDER STRICKEN the Anders brief filed by counsel in this court on February 12, 2019, and DENY AS MOOT the motion to withdraw filed that same date.

We order the clerk of this court to serve a copy of this order on appellant and all counsel.

/s/_________


Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of March, 2019.

/s/_________


KEITH E. HOTTLE,


Clerk of Court