Opinion
No. 04-09-00427-CR
Delivered and Filed: August 19, 2009. DO NOT PUBLISH.
Appealed from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2009-CR-5514W, Honorable Juanita Vasquez-Gardner, Judge Presiding. DISMISSED.
Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
Defendant Samuel Mendez pled nolo contendere to burglary, and was sentenced within the terms of a plea bargain. 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, "The 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). Accordingly, on July 30, 2009, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. On July 31, 2009, defendant's appellate counsel filed a letter stating "this court has no choice but to dismiss the appeal." In light of the record presented, we agree with defendant's counsel that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.