Paul Kinslow v. State

• Court: Court of Appeals of Texas
• Decided: October 5, 2005
• Docket: 04-05-00476-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00476-CR

Paul KINSLOW,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CR-4406W

Honorable Mary Román, Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed:   October 5, 2005

DISMISSED

            The trial court’s certification in this appeal states that this case “is a plea-bargain case, and the defendant has NO right of appeal.” It further states “the defendant has waived the 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 August 12, 2005, 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 September 12, 2005. 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Do Not Publish