John Chatmon A/K/A John Chatman II v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2009
• Docket: 04-09-00173-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

Nos. 04-09-00172-CR and 04-09-00173-CR

John CHATMON, a/k/a John Chatmon II, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court Nos. 2009-CR-2113W; 2009-CR-2114W Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice

Delivered and Filed: April 22, 2009

DISMISSED

The trial court signed certifications of defendant’s right to appeal stating that this “is a plea-

bargain case, and the defendant has NO right of appeal.” See TEX . R. APP . P. 25.2(a)(2). Rule

25.2(d) provides, “The appeal must be dismissed if a certification that shows the defendant has the

right of appeal has not been made part of the record under these rules.” TEX . R. APP . P. 25.2(d).

Accordingly, on April 7, 2009, this court issued an order stating these appeals would be dismissed

pursuant to Rule 25.2(d) unless amended trial court certifications that show defendant has the right 04-09-00172-CR and 04-09-00173-CR

of appeal were made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex.

App.—San Antonio 2003, order); TEX . R. APP . P. 25.2(d); 37.1.

On April 13, 2009, defendant’s appellate counsel filed a letter stating “this court has no

choice but to dismiss the appeal[s].” In light of the record presented, we agree with defendant’s

counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are

dismissed.

DO NOT PUBLISH

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