Ignacio Cantu v. State

• Court: Court of Appeals of Texas
• Decided: August 2, 2006
• Docket: 04-06-00422-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00422-CR

Ignacio CANTU,

Appellant

v.

The STATE of Texas ,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CR-8509

Honorable Sid L. Harle , Judge Presiding

PER CURIAM

Sitting: Catherine Stone , Justice

Sarah B. Duncan , Justice

Karen Angelini , Justice

Delivered and Filed: August 2, 2006

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 July 19, 2006, 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 had 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.

Do Not Publish