Court of Civil Appeals of Texas, 2015

Monte Lorre Barron v. State

Monte Lorre Barron v. State
Court of Civil Appeals of Texas · Decided April 29, 2015

Monte Lorre Barron v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00200-CR Monte Lorre BARRON, Appellant v. The The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR4567 Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: April 29, 2015 APPEAL DISMISSED Defendant pled nolo contendre to indecency by contact with a child and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. The trial court signed a certification of defendant’s right to appeal 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). 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 April 7, 2015, this court issued an order stating this appeal would be dismissed pursuant to Rule 04-15-00200-CR

25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was 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.

On April 20, 2015, defendant’s appellate counsel filed a letter stating “this court has no choice but to dismiss the appeal.” In light of the record presented, we agree with defendant’s counsel that 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PER CURIAM Do not publish

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