David Leitt v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 18, 2022
• Docket: 04-21-00551-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 18, 2022

No. 04-21-00551-CR

David LEITT, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR8228 The Honorable Jennifer Pena, Judge Presiding

ORDER

The trial court’s certification in this appeal states that this criminal case, “is a plea- bargain case and the defendant has NO right to appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that 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 within thirty days from 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.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of January, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court