Opinion
No. 04-09-00407-CR
Delivered and Filed: August 12, 2009. DO NOT PUBLISH.
Appealed from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-1811, Honorable Catherine Torres-Stahl, Judge Presiding. Dismissed.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Pursuant to a plea-bargain agreement, appellant John Charles Garza pled nolo contendere to sexual assault of a child and was sentenced to six years and a fine of $1200 in accordance with the terms of his plea-bargain agreement. The trial court signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). Rule 25.2(d) provides that "[t]he 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). Thus, this court issued an order stating Garza's appeal would be dismissed unless an amended trial court certification showing that Garza had the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, order); Tex. R. App. P. 25.2(d); 37.1. No amended trial court certification has been filed. Instead, Garza's appellate counsel has filed a letter stating she has reviewed the appellate record and "this court has no choice but to dismiss the appeal." In light of the record presented, we agree with Garza's appellate counsel that Rule 25.2(d) requires this court to dismiss the appeal. Accordingly, the appeal is dismissed.