Dennis Carillo v. The State of Texas--Appeal from 171st District Court of El Paso County

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS


DENNIS CARRILLO ) No. 08-04-00360-CR

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Appellant, ) Appeal from

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v. ) 171st District Court

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THE STATE OF TEXAS, ) of El Paso County, Texas

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Appellee. ) (TC# 20040D01766)


MEMORANDUM OPINION


Dennis Carrillo attempts to appeal from an order dismissing the indictment and refiling it in a new number. Finding that Appellant has not complied with Rule 25.2 of the Texas Rules of Appellate Procedure, we dismiss the appeal.

Rule 25.2(a)(2) governs the defendant s right to appeal in a criminal case:

A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant s right of appeal in every case in which it enters a judgment of guilt or other appealable order. // In a plea bargain case--that is, a case in which defendant s plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant--a defendant may appeal only:

(A) those matters that were raised by written motion filed and ruled on before trial, or

(B) after getting the trial court s permission to appeal.


Tex.R.App.P. 25.2(a)(2).


Appellant filed a timely notice of appeal but the notice did not include the trial court s certification of the defendant s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The Clerk s Office notified Appellant s counsel that a certification had not been filed and requested that Appellant file an amended notice of appeal within thirty days or the appeal would be dismissed pursuant to Rule 25.2(d). See Tex.R.App.P. 25.2(d)( The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules. ). Appellant has not filed an amended notice of appeal. Accordingly, the appeal is dismissed.


April 28, 2005

ANN CRAWFORD McCLURE, Justice


Before Barajas, C.J., McClure, and Chew, JJ.


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