Mario Amaya v. State

• Court: Court of Appeals of Texas
• Decided: February 17, 2010
• Docket: 04-10-00008-CR
• Status: Published

Opinion

•           •           • • • •

MEMORANDUM OPINION

No. 04-10-00008-CR

Mario AMAYA,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2008CR4153

Honorable Pat Priest, Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Chief Justice

                        Karen Angelini, Justice

                        Sandee Bryan Marion, Justice

Delivered and Filed: February 17, 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 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 this appeal. Accordingly, this appeal is dismissed.

DO NOT PUBLISH