Opinion
No. 04-09-00137-CR
Delivered and Filed: May 20, 2009. DO NOT PUBLISH.
Appealed from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-5816, Honorable Phillip A. Kazen, Jr., Judge Presiding. Dismissed.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, 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 the 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 written notice with this court that counsel reviewed the record and appellant's pro se notice of appeal. Appellant's counsel concludes that Jiggitts entered a plea of nolo contendere and, therefore, agrees this court has no choice but to dismiss the appeal in accordance with Texas Rule of Appellate Procedure 25.2(a)(2). 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 to dismiss this appeal. Accordingly, this appeal is dismissed.