Silas Wirth v. State

Opinion

Fourth Court of Appeals San Antonio, Texas February 1, 2018

No. 04-17-00775-CR

Silas WIRTH, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR9447 Honorable Sid L. Harle, 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 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 trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). 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 the 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 (30) days from the date of this order showing appellant has the right of appeal.1 See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174 (Tex. App.CSan Antonio 2003, order). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

_________________________________ Rebeca C. Martinez, Justice

1 We note that the clerk’s record does not contain a notice of appeal, only a “Motion for Extension of Time to File Late Notice of Appeal.” IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of February, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court