Israel Lopez Duran v. The State of Texas--Appeal from 106th District Court of Gaines County

State: Texas

Court: Texas Northern District Court

Docket No: 08-03-00339-CR

Case Date: 10/16/2003

Plaintiff: Israel Lopez Duran

Defendant: The State of Texas--Appeal from 106th District Court of Gaines County

Preview:Israel Lopez Duran v. The State of Texas--Appeal from
106th District Court of Gaines County
Criminal Case Template
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
ISRAEL LOPEZ DURAN,
Appellant,
v.
THE STATE OF TEXAS,
Appellee.
No. 08-03-00339-CR
Appeal from the
106th District Court
of Gaines County, Texas
(TC# 97-2883)
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M E M O R A N D U M O P I N I O N
Israel Lopez Duran attempts to appeal from a judgment adjudicating him guilty of possession of Monoacetylmorphine.
Finding that Appellant has not complied with Rule 25.2 of the Texas Rules of Appellate Procedure, we dismiss the
appeal.
Rule 25.2(a)(2) governs the defendant's right to appeal in a criminal case:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules.
The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment
of guilt or other appealable order. (1) In a plea bargain case-that is, a case in which defendant's plea is guilty or nolo
contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the
defendant-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.
Tex. R. App. P. 25.2(a)(2).
Appellant filed a timely notice of appeal but the notice did not include the trial court's certification of the defendant's
right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The Clerk's Office notified Appellant's counsel that a
certification had not been filed and requested that Appellant file an amended notice of appeal within thirty days or the
appeal would be dismissed pursuant to Rule 25.2(d). See Tex. R. App. P. 25.2(d). "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."
Appellant has not filed an amended notice of appeal. Accordingly, the appeal is dismissed.
October 16, 2003
RICHARD BARAJAS, Chief Justice
Before Panel No. 4
Barajas, C.J., Larsen, and McClure, JJ.
(Do not publish)
1. Rule 25.2(d) requires that the trial court certify whether the defendant has a right of appeal under Rule 25.2(a)(2).
Tex. R. App. P. 25.2(d).
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