Claussv.State

Court of Appeals of Texas, Fourth District, San AntonioFeb 28, 2007
No. 04-07-00074-CR (Tex. App. Feb. 28, 2007)

No. 04-07-00074-CR

February 28, 2007. DO NOT PUBLISH.

From the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-5358, Honorable Juanita A. Vasquez-Gardner, Judge Presiding.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


PER CURIAM.

DISMISSED 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." 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 12, 2007, appellant's appellate counsel notified this court that appellant does not have a right to appeal in this case. Counsel further indicated that appellant would not file an amended trial court certification showing that he 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.