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Court of Appeals of Texas, Fourth District, San AntonioJun 13, 2007
No. 04-07-00302-CR (Tex. App. Jun. 13, 2007)

No. 04-07-00302-CR

Delivered and Filed: June 13, 2007. DO NOT PUBLISH.

Appeal From the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-9599, Honorable Juanita Vasquez-Gardner, Judge Presiding. DISMISSED.

Sitting: ALMA L. LÓPEZ, Chief Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.


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). 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 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.