Daniel Ortega v. State

• Court: Court of Appeals of Texas
• Decided: September 2, 2015
• Docket: 04-15-00523-CR
• Status: Published

Opinion

The State of

Fourth Court of Appeals San Antonio, Texas August 31, 2015

No. 04-15-00523-CR

Daniel ORTEGA, Appellant v. The STATE of Texas, Appellee

From the County Court at Law No. 11, Bexar County, Texas Trial Court No. 436539 The Honorable Tommy Stolhandske, 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.” Texas Rule of Appellate Procedure Rule 25.2(d) provides the record in an appeal brought by a criminal defendant must contain a certification of right to appeal. TEX. R. APP. P. 25.2(d). If the record does not contain a certification that shows the defendant has a right of appeal, the appeal must be dismissed. Id. It is therefore ORDERED this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed by September 14, 2015, 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.). All other appellate deadlines are SUSPENDED pending resolution of the certification issue.

_________________________________ Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of August, 2015.

___________________________________ Keith E. Hottle Clerk of Court