Frank Deon Phillips v. State ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00243-CR
Frank Deon PHILLIPS,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR9117
Honorable Pat Priest, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Jason Pulliam, Justice
Delivered and Filed: June 1, 2016
DISMISSED
On April 29, 2016, 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 by May 29, 2016. 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 certification in the
record states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.”
04-16-00243-CR
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DO NOT PUBLISH
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