Jeremy James McGilvrey v. State

• Court: Court of Appeals of Texas
• Decided: February 24, 2010
• Docket: 04-10-00028-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

Nos. 04-10-00027-CR & 04-10-00028-CR

Jeremy James MCGILVREY, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court Nos. 2009-CR-8655 & 2009-CR-10808W Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

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

Delivered and Filed: February 24, 2010

DISMISSED

The trial court’s certifications in these appeals state that the cases are “plea-bargain case[s],

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, indicating counsel has reviewed the records in these 04-10-00027-CR & 10-00028-CR

appeals and “can find no right of appeal for Appellant.” We construe this notice as an indication that

appellant will not seek to file amended trial court certifications 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 records presented, we agree with appellant’s

counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are

dismissed.

DO NOT PUBLISH

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