Kiley Suann Sulzer v. State

• Court: Court of Appeals of Texas
• Decided: August 29, 2007
• Docket: 04-07-00548-CR
• Status: Published

Opinion

MEMORANDUM OPINION

Nos. 04-07-00547-CR & 04-07-00548-CR

Kiley Suann SULZER, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court Nos. 2007-CR-0942B & 2007-CR-0964 Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 29, 2007

DISMISSED

The trial court's certifications in these appeals state that the cases are "plea-bargain case[s], and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he 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). Appellant's appellate counsel has notified this court that appellant does not have a right to appeal in these cases and that counsel will not file amended trial court certifications. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, no pet.). In light of the record presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

DO NOT PUBLISH