BRUCE LEE MENDIOLA v. THE STATE OF TEXAS--Appeal from County Court of Wharton County

State: Texas

Docket No: 13-06-00399-CR

Case Date: 11/01/2007

Plaintiff: EDWIN GLEN BIGON

Defendant: THE STATE OF TEXAS ON APELLANT'S AND STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRD COURT

Preview:James Baldwin, Jr. v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County
MEMORANDUM OPINION No. 04-03-00290-CR James BALDWIN, Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 01-0841-CR Honorable Dwight E. Peschel, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: August 29, 2003 DISMISSED The trial court signed a certification of defendant's right to appeal in this case 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)."In a plea bargain case ... a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Id. We must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Id. 25.2(d). We, therefore, warned appellant that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that appellant had the right to appeal was made part of the appellate record by August 8, 2003. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.San Antonio 2003, order). No such amended trial court certification has been filed. This appeal is, therefore, dismissed pursuant to rule 25.2(d). PER CURIAM Do not publish

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