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Garza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 9, 2005
No. 4-05-00400-CR (Tex. App. Nov. 9, 2005)

Opinion

No. 4-05-00400-CR

Delivered and Filed: November 9, 2005. DO NOT PUBLISH.

Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-8992, Honorable Andrew Carruthers, 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 this case "is a plea-bargain case, and the defendant has NO 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). On July 20, 2005, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless appellant filed an amended trial court certification showing that he had the right of appeal by August 19, 2005. 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.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.


Summaries of

Garza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 9, 2005
No. 4-05-00400-CR (Tex. App. Nov. 9, 2005)
Case details for

Garza v. State

Case Details

Full title:CIPRIANO GARZA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 9, 2005

Citations

No. 4-05-00400-CR (Tex. App. Nov. 9, 2005)