Jose L. Barrientos v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-06-00725-CR
Jose L. BARRIENTOS,
Appellant
v.
The STATE of Texas,
Appellee
From 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CR-8679
Honorable Pat Priest, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: February 28, 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 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 that counsel 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.

PER CURIAM

Do Not Publish

 

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