Jimmy Lee Robinson v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

 Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION Nos. 04-08-00411-CR & 04-08-00412-CR Jimmy Lee ROBINSON, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court Nos. 2007-CR-4139 & 2007-CR-4140 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: July 23, 2008 DISMISSED The trial court s certification in each of these appeals states that the case is a plea-bargain case, and the defendant has NO right of appeal. Rule 25.2(d) of the Texas Rules of Appellate Procedure provides that an 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. TEX . R. APP . P. 25.2(d). In each of these appeals, 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 08-00411-CR 08-00412-CR defendant; therefore, the clerk s record supports the trial court s certification that defendant has no right of appeal. See TEX . R. APP . P. 25.2(a)(2). In addition, appellant s counsel has filed a letter in which she states that she has reviewed the electronic judicial records and can find no right of appeal for Appellant; counsel concedes that the appeal must be dismissed. We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that he has the right to appeal. 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, these appeals are dismissed. PER CURIAM DO NOT PUBLISH -2-

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.