Antonine D. Henderson v. State

• Court: Court of Appeals of Texas
• Decided: November 12, 2015
• Docket: 04-15-00650-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 12, 2015

No. 04-15-00650-CR

Antonine D. HENDERSON, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR11062 Honorable Mary D. Roman, Judge Presiding

ORDER

Antonine D. Henderson entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to possession of more than 5 and less than 50 pounds of marijuana. The trial court imposed sentence and signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Henderson timely filed a notice of appeal. The clerk’s record, which includes the trial court’s rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). This court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Id.

Henderson is hereby given notice that this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing he has the right to appeal is made part of the appellate record by December 3, 2015. See TEX. R. APP. P. 25.2(d); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication).

We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on the attorneys of record. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of November, 2015.

___________________________________ Keith E. Hottle Clerk of Court