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Fourth Court of Appeals San Antonio, Texas December 29, 2022 No. 04-22-00695-CR John Bernard WILLIAMS III, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR6240 Honorable Jefferson Moore, Judge Presiding ORDER The trial court’s certification in this appeal states that the criminal case, “is a plea-bargain case, and the defendant has NO right of appeal.” The certification further states, “[T]he defendant has waived the right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes amended trial court certifications to be filed within thirty days from 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.). It if further ORDERED that the district clerk file, by January 5, 2023, a supplemental electronic clerk’s record containing the Court Admonishments, the Waiver, Consent to Stipulation of Testimony and Stipulations, and all other documents relating to the defendant’s plea bargain. All other appellate deadlines are SUSPENDED pending our resolution of the certification issue. _________________________________ Rebeca C. Martinez, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court
Document Info
Docket Number: 04-22-00695-CR
Filed Date: 12/29/2022
Precedential Status: Precedential
Modified Date: 1/3/2023