Bryan Krystopher Anders v. State

The State of TexasAppellee Fourth Court of Appeals San Antonio, Texas June 23, 2015 No. 04-15-00321-CR and 04-15-00322-CR Bryan Krystopher ANDERS, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR1954 and 2015CR1955 Honorable Mary D. Roman, Judge Presiding ORDER The trial court’s certification in each of these appeals states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record in each appeal 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 trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that these appeals will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed in each of these appeals by July 20, 2015, 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.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of June, 2015. ___________________________________ Keith E. Hottle Clerk of Court