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Douglas L. Byrd v. State

Citation: Not availableDocket: 04-10-00305-CR

Court: Court of Appeals of Texas; June 16, 2010; Texas; State Appellate Court

Original Court Document: View Document

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Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault under a plea bargain agreement, which included a waiver of his right to appeal. The trial court certified that this was a plea-bargain case and confirmed Byrd had no right to appeal, as per Texas Rule of Appellate Procedure 25.2(a)(2). Byrd filed a notice of appeal, but upon review of the clerk’s record, including the trial court’s certification, the court determined that the certification accurately reflected that Byrd did not have an appeal right. Following notification to Byrd on May 4, 2010, that the appeal would be dismissed unless an amended certification was submitted by June 3, 2010, no such amended certification was filed. Consequently, the court dismissed the appeal based on the lack of a proper certification showing the right to appeal as required by Texas Rule of Appellate Procedure 25.2(d). The decision is not published.