Jose Luis Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: July 7, 2010
• Docket: 04-10-00312-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-10-00312-CR

Jose Luis HERNANDEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2009-CR-0042A

Honorable Juanita A. Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting:            Rebecca Simmons, Justice

                        Steven C. Hilbig, Justice

                        Marialyn Barnard, Justice

Delivered and Filed:   July 7, 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).

Appellant’s counsel filed a written notice with this court that counsel 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 dismiss this appeal.  Accordingly, this appeal is dismissed.

PER CURIAM

DO NOT PUBLISH