Court of Civil Appeals of Texas, 2022

Tina Sharlene Price v. the State of Texas

Tina Sharlene Price v. the State of Texas
Court of Civil Appeals of Texas · Decided January 7, 2022

Tina Sharlene Price v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas January 7, 2022 No. 04-21-00567-CR Tina Sharlene PRICE, Appellant v. The STATE of Texas, Appellee From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 7814 Honorable Kirsten Cohoon, Judge Presiding

ORDER The trial court’s certification in this appeal states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains the transcript of an oral plea bargain made in open court and on the record, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2).

This court must dismiss this appeal “if a certification that the defendant has a right of appeal has not been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

We ORDER Appellant to cause an amended trial court certification to be filed in this court within THIRTY days of the date of this order showing Appellant has the right of appeal.

See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). If no amended trial court certification is filed as ordered, this appeal will be dismissed. See TEX. R. APP. P. 25.2(d).

All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2022.

___________________________________ Michael A. Cruz, Clerk of Court

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