John Chatmon A/K/A John Chatman II v. State

i i i i i i MEMORANDUM OPINION Nos. 04-09-00172-CR and 04-09-00173-CR John CHATMON, a/k/a John Chatmon II, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court Nos. 2009-CR-2113W; 2009-CR-2114W Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: April 22, 2009 DISMISSED The trial court signed certifications 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, 2009, this court issued an order stating these appeals would be dismissed pursuant to Rule 25.2(d) unless amended trial court certifications that show defendant has the right 04-09-00172-CR and 04-09-00173-CR of appeal were 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 13, 2009, defendant’s appellate counsel filed a letter stating “this court has no choice but to dismiss the appeal[s].” In light of the record presented, we agree with defendant’s counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed. PER CURIAM DO NOT PUBLISH -2-