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Date: 05-16-2018

Case Style:

Robert Wayne Meckel v. The State of Texas

Fourth Court of Appeals

Case Number: 04-18-00228-CR

Judge: PER CURIAM Sitting: Rebeca C. Martinez, Patricia O. Alvarez, Luz Elena D. Chapa

Court: Fourth Court of Appeals

Plaintiff's Attorney: Nicholas LaHood

Defendant's Attorney: Vincent D. Callahan

Description: On April 25, 2018, this court issued an order stating this appeal would be dismissed
pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the
right of appeal was made part of the appellate record within thirty days of the order. See TEX. R.
APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio
2003, order). Appellant’s counsel filed a response in which he states that he is unable to
demonstrate that appellant has the right to appeal. In light of the record presented, Rule 25.2(d)
requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record does not contain a
certification that shows the defendant has the right of appeal; to the contrary, the trial court
certification in the record states “this criminal case is a plea-bargain case, and the defendant has
NO right of appeal.” The clerk’s record 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 clerk’s record supports the trial court’s certification that the defendant
has no right of appeal.

Outcome: Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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