Steven M. Watson v. State

Court of Appeals of Texas·Decided April 4, 2007·No. 04-07-00138-CR·Published

Opinion

MEMORANDUM OPINION


No. 04-07-00138-CR


Steven WATSON,
Appellant


v.


The STATE of Texas,
Appellee


From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-4735
Honorable Maria Teresa Herr, Judge Presiding


PER CURIAM



Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice



Delivered and Filed: April 4, 2007



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DO NOT PUBLISH

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Related

Daniels v. State
110 S.W.3d 174 (Court of Appeals of Texas, 2003)