Samantha Trask v. State

• Court: Court of Appeals of Texas
• Decided: October 20, 2010
• Docket: 04-10-00651-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-10-00651-CR

Samantha TRASK,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 2009CR6613

Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM         

Sitting:                     Karen Angelini, Justice

                     Sandee Bryan Marion, Justice

                     Phylis J. Speedlin, Justice

Delivered and Filed:  October 20, 2010

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.” 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 the 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 stating 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 she 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, order). 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.

                                                                                     PER CURIAM

DO NOT PUBLISH