Terry Bart Boen v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

Annotate this Case
MEMORANDUM OPINION
Nos. 04-07-00017-CR & 04-07-00018-CR
Terry Bart BOEN,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2006-CR-4989 & 2006-CR-7613
Honorable Mark Luitjen, Judge Presiding

PER CURIAM

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: April 18, 2007

 

DISMISSED

The trial court's certifications in these appeals state that the cases are "plea-bargain case[s], and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). Appellant's appellate counsel has notified this court that appellant does not have a right to appeal in these cases. Moreover, counsel has indicated that appellant would not file an amended trial court certification showing that he had the right of appeal in either of his cases. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, no pet.). In light of the record presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

 

PER CURIAM

Do Not Publish

 

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.