Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
Nos. 04-17-00735-CR & 04-17-00736-CR
Porucha Denise PHILLIPS,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2016CR9222A, 2016CR9223A
Honorable Laura Lee Parker, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 24, 2018
DISMISSED
The trial court’s certifications in each of these appeals state that “this criminal case is a
plea-bargain case, and the defendant has NO right of appeal.” The clerk’s records contain written
plea bargain agreements, and the punishment assessed in each appeal 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 an appeal “if a certification that
shows the defendant has the 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).
04-17-00735-CR & 04-17-00736-CR
On December 6, 2017, we notified Appellant that these appeals would be dismissed under
Rule 25.2(d) unless amended trial court certifications showing that Appellant has the right of
appeal in each case was made part of the appellate record by January 5, 2018. See TEX. R. APP. P.
25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v.
State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). To date, Appellant has filed
no response in either appeal.
Because Appellant did not file an amended trial court certification in either appeal showing
that Appellant has the right of appeal, Rule 25.2(d) requires this court to dismiss these appeals.
See Dears, 154 S.W.3d at 613; Daniels, 110 S.W.3d at 176. Accordingly, these appeals are
dismissed.
PER CURIAM
DO NOT PUBLISH
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