Pedro S. Contreras v. State

• Court: Court of Appeals of Texas
• Decided: June 18, 2008
• Docket: 04-08-00314-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-08-00314-CR

Pedro S. CONTRERAS, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CR-2486W Honorable Sid L. Harle, Judge Presiding

PER CURIAM

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

Delivered and Filed: June 18, 2008

DISMISSED

The trial court’s certification in this appeal states that the case “is one in which 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). Appellant’s appellate

counsel notified this court that appellant does not have a right to appeal in this case. Counsel further 04-08-00314-CR

indicated that appellant would not 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DO NOT PUBLISH

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