Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas, issued a memorandum opinion dismissing the appeal of Tawana Johnson in case number 04-13-00781-CR. The trial court's certification indicated that this was a plea-bargain case, asserting that Johnson had no right to appeal since the punishment did not exceed what was recommended by the prosecutor and agreed upon by Johnson. According to Texas Rule of Appellate Procedure 25.2(a)(2), an appeal must be dismissed if the record does not contain a certification showing the defendant's right to appeal. On November 13, 2013, the court informed Johnson that her appeal would be dismissed under Rule 25.2(d) unless an amended certification indicating her right to appeal was submitted by December 13, 2013. No response or amended certification was filed by that deadline. Consequently, in accordance with Rule 25.2(d), the court had no option but to dismiss the appeal. The opinion was delivered per curiam and noted that it should not be published.
Legal Issues Addressed
Dismissal of Appeal for Lack of Certificationsubscribe to see similar legal issues
Application: The appeal was dismissed because there was no certification in the record showing the defendant's right to appeal, as required by the Texas Rules of Appellate Procedure.
Reasoning: According to Texas Rule of Appellate Procedure 25.2(a)(2), an appeal must be dismissed if the record does not contain a certification showing the defendant's right to appeal.
Procedural Requirements for Amending Certificationsubscribe to see similar legal issues
Application: The court provided the appellant a deadline to submit an amended certification to establish the right to appeal, which was not met, leading to the dismissal of the appeal.
Reasoning: On November 13, 2013, the court informed Johnson that her appeal would be dismissed under Rule 25.2(d) unless an amended certification indicating her right to appeal was submitted by December 13, 2013. No response or amended certification was filed by that deadline.
Right to Appeal in Plea-Bargain Casessubscribe to see similar legal issues
Application: The court dismissed the appeal because it was a plea-bargain case and the punishment did not exceed what was agreed upon, leaving no right to appeal under the applicable rules.
Reasoning: The trial court's certification indicated that this was a plea-bargain case, asserting that Johnson had no right to appeal since the punishment did not exceed what was recommended by the prosecutor and agreed upon by Johnson.