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Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Apr 30, 2008
No. 04-08-00187-CR (Tex. App. Apr. 30, 2008)

Opinion

No. 04-08-00187-CR

Delivered and Filed: April 30, 2008. DO NOT PUBLISH

Appeal from the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-5172 Honorable Mary D. Román, Judge Presiding. DISMISSED

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


The trial court's certification in this appeal 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, "[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). On April 17, 2008, appellant's appellate counsel notified this court that appellant does not have a right to appeal in this case. Counsel further indicated that appellant would not file an amended trial court certification showing that she has the right of 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 this appeal. Accordingly, this appeal is dismissed.


Summaries of

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
Apr 30, 2008
No. 04-08-00187-CR (Tex. App. Apr. 30, 2008)
Case details for

Garcia v. State

Case Details

Full title:BEATRIZ GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 30, 2008

Citations

No. 04-08-00187-CR (Tex. App. Apr. 30, 2008)