Opinion
No. 04-04-00028-CR.
Delivered and Filed: March 31, 2004. DO NOT PUBLISH.
Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-4223, Honorable Mark Luitjen, Judge Presiding. Dismissed.
Sitting: Catherine STONE, Justice, Paul W. GREEN, Justice, Sarah B. DUNCAN, 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." It further states "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). On February 11, 2004, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record by March 12, 2004. 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.