Warner Vaught v. State

Court of Appeals of Texas·Decided August 1, 2012·No. 04-12-00337-CR·Published

Opinion

MEMORANDUM OPINION No. 04-12-00337-CR No. 04-12-00338-CR

Warner VAUGHT, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court Nos. 2011-CR-2213, 2011-CR-2214 Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

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

Delivered and Filed: August 1, 2012

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” and “defendant has waived the

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 June 15, 2012,

this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) 04-12-00337-CR; 04-12-00338-CR

unless amended trial court certifications that show defendant has the right 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. No amended trial court certifications have been

filed; therefore, these appeals are dismissed.

Do not publish

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Related

Daniels v. State
110 S.W.3d 174 (Court of Appeals of Texas, 2003)