Felix Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: February 11, 2009
• Docket: 04-08-00848-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

Nos. 04-08-00847-CR & 04-08-00848-CR

Felix HERNANDEZ, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court Nos. 2007CR9885 & 2007CR5616B Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: February 11, 2009

DISMISSED

The trial court’s certification in each of these appeals 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). 04-08-00847-CR & 04-08-00848-CR

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 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 these appeals. Accordingly, these appeals

are dismissed.

DO NOT PUBLISH

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