Court of Civil Appeals of Texas, 2011

Norman Gary Pickens v. State

Norman Gary Pickens v. State
Court of Civil Appeals of Texas · Decided August 3, 2011

Norman Gary Pickens v. State

Opinion

MEMORANDUM OPINION Nos. 04-11-00348-CR & 04-11-00349-CR Norman Gary PICKENS, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR2384 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: August 3, 2011 DISMISSED In each of the trial court’s certifications in these appeals, the certification states that the case is “plea-bargain case, and the defendant has NO right of appeal.” We must dismiss an appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record.” TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).

04-11-00348-CR & 04-11-00349-CR

In each case, Appellant’s counsel has filed written notice with this court that counsel has reviewed the record and “can find no right of appeal for Appellant.” We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that appellant has the right of appeal. 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.). In light of the records presented, we agree with Appellant’s counsel that Rule 25.2(d) requires this court to dismiss these appeals.

Accordingly, these appeals are dismissed.

PER CURIAM

DO NOT PUBLISH

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