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Roy Lee Welch v. State
04-15-00620-CR
| Tex. App. | Dec 9, 2015
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Case Information

*1 Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00620-CR Roy Lee WELCH , Appellant v.

The The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2015CR9580 Honorable Steve Hilbig, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: December 9, 2015

DISMISSED

On October 14, 2015, we notified the appellant that the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Additionally, the clerk’s record contains a written waiver signed by the appellant pursuant to which he entered a plea of nolo contendere . The trial court’s judgment also reflects that the punishment assessed did not exceed the punishment recommended by the prosecutor and

agreed to by the defendant. Therefore, the trial court’s certification accurately reflects that this criminal case is a plea-bargain case. See T EX . R. A PP . P. 25.2(a)(2).

04-15-00620-CR In our October 14, 2015 order, we warned the appellant that “[this] 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.” See id. R. 25.2(d). We ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless the appellant caused an amended trial court certification to be filed by November 13, 2015 that showed the appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State , 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss this appeal.

PER CURIAM Do not publish

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Case Details

Case Name: Roy Lee Welch v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 9, 2015
Docket Number: 04-15-00620-CR
Court Abbreviation: Tex. App.
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