John Chatmon A/K/A John Chatman II v. State ( 2009 )

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MEMORANDUM OPINION
Nos. 04-09-00172-CR and 04-09-00173-CR
John CHATMON, a/k/a John Chatmon II,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2009-CR-2113W; 2009-CR-2114W
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: April 22, 2009
DISMISSED
The trial court signed certifications of defendant’s right to appeal stating that this “is a plea-
bargain case, and the defendant has NO right of appeal.” See TEX . R. APP . P. 25.2(a)(2). Rule
25.2(d) provides, “The appeal must be dismissed if a certification that shows the defendant has the
right of appeal has not been made part of the record under these rules.” TEX . R. APP . P. 25.2(d).
Accordingly, on April 7, 2009, this court issued an order stating these appeals would be dismissed
pursuant to Rule 25.2(d) unless amended trial court certifications that show defendant has the right
04-09-00172-CR and 04-09-00173-CR
of appeal were made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex.
App.—San Antonio 2003, order); TEX . R. APP . P. 25.2(d); 37.1.
On April 13, 2009, defendant’s appellate counsel filed a letter stating “this court has no
choice but to dismiss the appeal[s].” In light of the record presented, we agree with defendant’s
counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are
dismissed.
PER CURIAM
DO NOT PUBLISH
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