DocketNumber： 04-19-00562-CR
Filed Date： 10/9/2019
Status： Precedential
Modified Date： 10/10/2019
Fourth Court of Appeals San Antonio, Texas October 9, 2019 No. 04-19-00562-CR Nicholas FRIESENHAHN, Appellant v. The STATE of Texas, Appellee From the 218th Judicial District Court, Karnes County, Texas Trial Court No. 17-08-00086-CRK Honorable Lynn Ellison, Judge Presiding ORDER The trial court’s certification in this appeal states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” 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; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court must dismiss this appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.”Id. R. 25.2(d);
see Chavez v. State,183 S.W.3d 675
, 680 (Tex. Crim. App. 2006). We ORDER Appellant to cause an amended trial court certification to be filed in this court within TWENTY days of 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.). If no amended trial court certification is filed as ordered, this appeal will be dismissed. See TEX. R. APP. P. 25.2(d). All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of October, 2019. ___________________________________ LUZ ESTRADA, Chief Deputy Clerk