LEAL v. STATE

Full title: DANIEL LEWIS LEAL, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Seventh District, Amarillo

Date published: Apr 11, 2005

No. 07-04-0574-CR (Tex. App. Apr. 11, 2005)

Opinion

No. 07-04-0574-CR

April 11, 2005. DO NOT PUBLISH.

Appeal from the 242nd District Court of Hale County, No. A15660-0408, Honorable Ed Self, Judge.

Panel E: Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.¹

1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

MEMORANDUM OPINION

DON H. REAVIS, Justice.

Pursuant to a plea of guilty, appellant Daniel Lewis Leal was convicted of driving while intoxicated and punishment was assessed at seven years confinement, suspended for seven years. The clerk's record contains a certification of defendant's right of appeal by which the trial court certified the underlying case was a plea-bargain case with no right of appeal. By letter dated March 7, 2005, this Court notified appellant that the certification indicated no right of appeal and requested a response by March 28, 2005, noting that failure to file an amended certification would result in dismissal. See Tex.R.App.P. 25.2(a)(2) (d); Stowe v. State, 124 S.W.3d 228, 232 (Tex.App.-El Paso 2003, no pet.). Appellant did not respond and no amended certification reflecting a right to appeal has been filed in a supplemental record. Thus, we dismiss the appeal. Accordingly, the appeal is dismissed.