Adam Wisneski v. State

• Court: Court of Appeals of Texas
• Decided: March 3, 2004
• Docket: 04-03-00914-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-03-00914-CR Adam WISNESKI, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2003-CR-0040 Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 3, 2004

DISMISSED

The trial court's certification in this appeal states that this case "is a plea-bargain case, and the defendant has NO right of appeal." It further states "the defendant has waived the 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 January 6, 2004, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record by February 5, 2004. 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.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.

Do Not Publish