Lawrence W. Kyle v. State
This text of Lawrence W. Kyle v. State (Lawrence W. Kyle v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM OPINION
No. 04-04-00840-CR
Lawrence W. KYLE,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-8360W
Honorable Bert Richardson, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: March 30, 2005
DISMISSED
On January 26, 2005, we ordered appellant to respond on or before February 23, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex. R. App. P. 25.2(d). Appellant did not respond. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, pet. filed).
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