Anthony Woodard v. State ( 2011 )


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  •                                  MEMORANDUM OPINION
    No. 04-11-00215-CR
    Anthony WOODARD,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 290th Judicial District Court, Bexar County, Texas
    Trial Court No. 2009-CR-11452-B
    Honorable Melisa Skinner, Judge Presiding
    PER CURIAM
    Sitting:          Phylis J. Speedlin, Justice
    Rebecca Simmons, Justice
    Steven C. Hilbig, Justice
    Delivered and Filed: June 8, 2011
    DISMISSED
    On April 13, 2011, this court issued an order stating this appeal would be dismissed
    pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the
    right of appeal was made part of the appellate record within thirty days. See TEX. R. APP. P.
    25.2(d), 37.1; see also Daniels v. State, 
    110 S.W.3d 174
    , 175-76 (Tex. App.—San Antonio 2003,
    order). Appellant did not file an amended certification. The clerk’s record does not contain a
    certification that shows the defendant has the right of appeal; to the contrary, the trial court
    04-11-00215-CR
    certification in the record 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 clerk’s record supports the trial court’s certification that defendant has
    no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See
    TEX. R. APP. P. 25.2(d).
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-11-00215-CR

Filed Date: 6/8/2011

Precedential Status: Precedential

Modified Date: 10/16/2015