Opinion
No. 04-08-00689-CR
Delivered and Filed: December 10, 2008. DO NOT PUBLISH.
Appealed from the County Court at Law No. 1, Bexar County, Texas, Trial Court No. 223033, Honorable Al Alonso, Judge Presiding. Dismissed.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
The trial court's certification in this appeal states "the defendant has waived the right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The 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). On October 24, 2008, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record by November 19, 2008. See Tex. R. App. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex.Crim.App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, no pet.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss this appeal. Accordingly, the appeal is dismissed.