Jimmy Lee Robinson v. State

i i i i i i
MEMORANDUM OPINION
Nos. 04-08-00411-CR & 04-08-00412-CR
Jimmy Lee ROBINSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2007-CR-4139 & 2007-CR-4140
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 23, 2008
DISMISSED
The trial court’s certification in each of these appeals states that the case is a “plea-bargain
case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate
Procedure provides that an 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).
In each of these appeals, 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
08-00411-CR
08-00412-CR
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). In addition, appellant’s counsel has filed a letter in
which she states that she has reviewed the electronic judicial records and “can find no right of appeal
for Appellant;” counsel concedes that the appeal must be dismissed. We construe this notice as an
indication that appellant will not seek to file an amended trial court certification showing that he has
the right to appeal. See TEX . R. APP . P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177
(Tex. App.—San Antonio 2003, no pet.). In light of the record presented, we agree with appellant’s
counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, these appeals
are dismissed.
PER CURIAM
DO NOT PUBLISH
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