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ROBERT JOHN SMALL, JR., APPELLANT v. THE STATE OF TEXAS, APPELLEE
Order
By Judgment issued February 22, 2012, this Court dismissed this appeal because the record did not contain a trial court's certification of defendant's right of appeal showing that appellant had a right of appeal. However, within the period during which this Court maintains plenary power over this appeal, see Tex.R.App. P. 19.1(a), the district clerk has filed a supplemental clerk's record that contains a certification that indicates that this “is a plea bargain case, but issues were raised by written motion filed and ruled on before trial and not withdrawn or waived and the Defendant has the right of appeal.” This certification complies with the requirements of Texas Rule of Appellate Procedure 25.2(d), and shows that appellant has a right of appeal. As such, by this Order, the Court hereby vacates its Opinion and Judgment of February 22, 2012, and reinstates this appeal. All appellate deadlines will proceed as if the clerk's and reporter's records were received on this day.
Do not publish.
Per Curiam
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Docket No: NO. 07–11–00408–CR
Decided: March 07, 2012
Court: Court of Appeals of Texas, Amarillo.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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