John C. Friedeck v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

State: Texas

Docket No: 04-04-00696-CR

Case Date: 12/29/2004

Plaintiff: CHRISTOPHER KORNEGAY

Defendant: THE STATE OF TEXAS--Appeal from 117th District Court of Nueces County

Preview:John C. Friedeck v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-04-00696-CR John C. FRIEDECK, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CR-0715A Honorable Bert Richardson, Judge Presiding PER CURIAM Sitting: Catherine Stone, Justice Paul W. Green, Justice Sarah B. Duncan, Justice Delivered and Filed: December 29, 2004 DISMISSED The trial court's certification in this appeal states that this case "is a plea-bargain case, and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). On November 8, 2004, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless appellant filed an amended trial court certification showing that he had the right of appeal by December 8, 2004. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, no pet.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed. PER CURIAM Do Not Publish

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