Jard Kabbelliya v. State

• Court: Court of Appeals of Texas
• Decided: August 4, 2010
• Docket: 04-10-00351-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-10-00351-CR

Jard KABBELLIYA, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CR-3646W The Honorable Michael LaHood, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: August 4, 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). On

June 7, 2010, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless

appellant filed an amended trial court certification showing that he had the right of appeal by 04-10-00351-CR

June 28, 2010. 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DO NOT PUBLISH

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