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Robert Charles Hutchinson v. State ( 2011 )


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  •                                   MEMORANDUM OPINION
    No. 04-11-00575-CR
    Robert Charles HUTCHINSON,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 187th Judicial District Court, Bexar County, Texas
    Trial Court No. 2010CR7214
    Honorable Raymond Angelini, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Justice
    Phylis J. Speedlin, Justice
    Rebecca Simmons, Justice
    Delivered and Filed: October 19, 2011
    DISMISSED
    The trial court signed a certification 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 August 24, 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
    04-11-00575-CR
    defendant has the right of appeal was 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 September 16, 2011, defendant’s appellate counsel filed a letter stating “this court has
    no choice but to dismiss the appeal.” In light of the record presented, we agree with defendant’s
    counsel that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is
    dismissed.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-11-00575-CR

Filed Date: 10/19/2011

Precedential Status: Precedential

Modified Date: 10/16/2015