Jose F. Granados v. State ( 2018 )


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  •                             Fourth Court of Appeals
    San Antonio, Texas
    January 9, 2018
    No. 04-17-00854-CR
    Jose F. GRANADOS,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017CR4413
    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; Rule 25.2(a)(2) applies. See TEX. R. APP. P.
    25.2(a)(2).
    This court must dismiss this appeal “if a certification that shows the defendant has a right
    of appeal has not been made part of the record under these rules.” 
    Id. R. 25.2(d);
    see Chavez v.
    State, 
    183 S.W.3d 675
    , 680 (Tex. Crim. App. 2006).
    We ORDER Appellant to cause an amended trial court certification to be filed in this
    court within THIRTY days of the date of this order 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.). If no
    amended trial court certification is filed as ordered, this appeal will be dismissed. See TEX. R.
    APP. P. 25.2(d).
    All other appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 9th day of January, 2018.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-17-00854-CR

Filed Date: 1/9/2018

Precedential Status: Precedential

Modified Date: 1/10/2018