Opinion
No. 04-03-00906-CR.
Delivered and Filed: March 3, 2004. DO NOT PUBLISH.
Appeal from the County Court at Law No. 9, Bexar County, Texas, Trial Court No. 855484, Honorable Oscar Kazen, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice and Paul W. GREEN, Justice.
MEMORANDUM OPINION
The trial court's certification in this appeal states that "the defendant has waived the right of appeal." Rule 25.2(d) of the Texas Rules of Appellate procedure provides, "The 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 December 29, 2003, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) unless appellant caused an amended trial court certification to be filed by January 28, 2004, showing that the appellant has the right of appeal. See Tex.R.App.P. 25.2(d); 37.1; see also Daniels v. State, 100 S.W.3d 174 (Tex.App.-San Antonio 2003, no pet.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss this appeal. Accordingly, the appeal is dismissed.