Frank Deon Phillips v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00243-CR

Frank Deon PHILLIPS,

Appellant v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR9117

Honorable Pat Priest, Judge Presiding PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Jason Pulliam, Justice

Delivered and Filed: June 1, 2016

DISMISSED

On April 29, 2016, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record by May 29, 2016. See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, order). Appellant did not file an amended certification. The clerk’s record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.”

The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH