Carlos Garcia v. State ( 2010 )

MEMORANDUM OPINION
No. 04-10-00574-CR
Carlos GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR10199
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: September 15, 2010
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).
Appellant’s counsel has filed written notice with this court that counsel has reviewed the
record and “can find no right of appeal for Appellant.” We construe this notice as an indication
04-10-00574-CR
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.
PER CURIAM
DO NOT PUBLISH
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