Sandra Mortimer v. State

Opinion

The State

Fourth Court of Appeals San Antonio, Texas June 30, 2014

No. 04-14-00287-CR

Sandra MORTIMER, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR9808 Honorable Melisa Skinner, Judge Presiding

ORDER

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

On April 3, 2014, the trial court filed a certification 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). The clerk’s record was filed. On May 22, 2014, we issued an order stating that this appeal will be dismissed unless an amended trial court certification is filed showing that the appellant has the right to appeal is made part of the appellate record by June 23, 2014. See id. 25.2(d) (providing an appellate court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.”). We further ordered all appellate deadlines suspended until further order of the court.

On June 20, 2014, appellant’s court-appointed counsel filed a motion asking us to extend the suspension of appellate deadlines until a full clerk’s record and a reporter’s record are filed. However, because all appellate deadlines have been suspended, no reporter’s record will be filed in this appeal. And, nothing in the motion explains why the reporter’s record is required in this appeal. The motion is therefore DENIED.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of June, 2014.

___________________________________ Keith E. Hottle Clerk of Court