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Arrendondo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2006
No. 04-06-00420-CR (Tex. App. Nov. 29, 2006)

Opinion

No. 04-06-00420-CR

Delivered and Filed: November 29, 2006. DO NOT PUBLISH.

Appeal from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-8478, Honorable Teresa Herr, Judge Presiding. Dismissed.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.


MEMORANDUM OPINION


The trial court's certification in this appeal states that "the defendant has waived his [sic] 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). Appellant's counsel has filed written notice with this court that counsel has reviewed the record and can find no right of appeal for appellant. Because appellant appeared to believe the trial court did not follow the plea bargain, we provided appellant an opportunity to supplement the record. On July 25, 2006, we warned that this appeal would be dismissed, pursuant to Texas Rule of Appellate Procedure 25.2(d), unless appellant could provide proof that the trial court did not comply with the terms of the plea bargain or an amended trial court certification showing that appellant has the right to appeal. See Tex.R.App.P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order). Appellant did not respond. 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

Arrendondo v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2006
No. 04-06-00420-CR (Tex. App. Nov. 29, 2006)
Case details for

Arrendondo v. State

Case Details

Full title:PATRICIA ANN ARRENDONDO, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 29, 2006

Citations

No. 04-06-00420-CR (Tex. App. Nov. 29, 2006)