Cleo Fulton Edmonson v. State

• Court: Court of Appeals of Texas
• Decided: July 16, 2003
• Docket: 04-03-00281-CR
• Status: Published

Opinion

MEMORANDUM OPINION Nos. 04-03-00280-CR & 04-03-00281-CR Cleo Fulton EDMONSON, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court Nos. 2003-CR-1986W & 2003-CR-1987W Honorable Pat Priest, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 16, 2003

APPEAL DISMISSED

Appellant, Cleo Fulton Edmonson, entered a plea of nolo contendere to the offenses of evading arrest or detention with a vehicle and possession of a controlled substance. On March 19, 2003, Edmonson was found guilty of the offenses and sentenced to eighteen months confinement and fined $1,000. The sentences were ordered to run concurrently. The trial court signed a certificate of defendant's right of appeal in each case stating that this "is a plea-bargain case, and the defendant has NO right of appeal." Edmonson filed a notice of appeal based on a jurisdictional defect on April 1, 2003 in each case. The clerk's record containing the trial court's Rule 25.2(a)(2) certification has been filed in each case. Tex. R. App. P. 25.2(d).

The clerk's record in each case, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by Edmonson; therefore, the trial court's certifications accurately reflect that the underlying cases are plea-bargain cases. See Tex. R. App. P. 25.2(a)(2). On May 9, 2003, we gave Edmonson notice that the appeals would be dismissed unless an amended trial court certification showing he has the right to appeal was made part of the appellate record in both cases by June 10, 2003. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, No. 04-03-00176-CR, 2003 WL 21011277 (Tex. App.--San Antonio May 7, 2003, order). An amended certification showing Edmonson has the right to appeal has not been filed. We therefore dismiss the appeals. Tex. R. App. P. 25.2(d).

DO NOT PUBLISH