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Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00151-CR (Tex. App. May. 21, 2008)

Opinion

No. 04-08-00151-CR

Delivered and Filed: May 21, 2008. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-3126B, Honorable Philip A. Kazen, Jr., Judge Presiding. DISMISSED.

Sitting: ALMA L. LÓPEZ, Chief Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, 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" and "the defendant has waived his 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 filed a written notice with this court that counsel reviewed the record and "can find no right of appeal for Appellant." We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that he 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 dismiss this appeal. Accordingly, this appeal is dismissed.


Summaries of

Garcia v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00151-CR (Tex. App. May. 21, 2008)
Case details for

Garcia v. State

Case Details

Full title:Javier GARCIA, Appellant v. The STATE of Texas, Appellee

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

Date published: May 21, 2008

Citations

No. 04-08-00151-CR (Tex. App. May. 21, 2008)