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Vega v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 12, 2007
No. 04-07-00498-CR (Tex. App. Sep. 12, 2007)

Opinion

No. 04-07-00498-CR

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 DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-2210, Honorable Philip A. Kazen, Jr., Judge Presiding. DISMISSED

Sitting: ALMA L. LÓPEZ, Chief Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, 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 his 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 a written notice with this court that counsel reviewed the record and "can find no right of appeal for Appellant." We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that she 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.


Summaries of

Vega v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 12, 2007
No. 04-07-00498-CR (Tex. App. Sep. 12, 2007)
Case details for

Vega v. State

Case Details

Full title:Devon Arlene VEGA, Appellant v. The STATE of Texas, Appellee

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

Date published: Sep 12, 2007

Citations

No. 04-07-00498-CR (Tex. App. Sep. 12, 2007)