Opinion
No. 04-15-00508-CR
10-14-2015
Jose B. SAUCEDA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2005CR1255
Honorable Mary D. Roman, Judge Presiding
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice APPEAL DISMISSED
Pursuant to a plea bargain agreement, appellant pled guilty to driving while intoxicated. The trial court signed an amended 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 September 24, 2015, 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 appellant 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 September 29, 2015, appellant's appellate counsel filed a response stating "this court has no choice but to dismiss the appeal." In light of the record presented, we agree with counsel that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.
PER CURIAM DO NOT PUBLISH