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Leyva-Santos v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 12, 2007
No. 04-07-00519-CR (Tex. App. Sep. 12, 2007)

Opinion

No. 04-07-00519-CR

Delivered and Filed: September 12, 2007. DO NOT PUBLISH.

Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-9914A, Honorable Juanita A. Vasquez-Gardner, Judge Presiding. DISMISSED

Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On August 29, 2007, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record on or before September 28, 2007. See Tex. R. App. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, order). Appellant's counsel filed a response in which she states that she has reviewed the electronic judicial record and "can find no right of appeal for Appellant;" counsel concedes that the appeal must be dismissed. In light of the record presented, we agree with appellant's counsel that Rule 25.2(d) requires this court to dismiss this appeal. Tex. R. App. P. 25.2(d). The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk's record supports the trial court's certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d).


Summaries of

Leyva-Santos v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 12, 2007
No. 04-07-00519-CR (Tex. App. Sep. 12, 2007)
Case details for

Leyva-Santos v. State

Case Details

Full title:Hector Eduardo LEYVA-SANTOS, Appellant v. The STATE of Texas, Appellee

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

Date published: Sep 12, 2007

Citations

No. 04-07-00519-CR (Tex. App. Sep. 12, 2007)