Rosendo Murillo v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County
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MEMORANDUM OPINION No. 04-10-00687-CR Rosendo MURILLO, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2004CR5765 Honorable Sharon MacRae, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: October 27, 2010 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 filed a 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 04-10-00687-CR 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 dismiss this appeal. Accordingly, this appeal is dismissed. PER CURIAM DO NOT PUBLISH -2-
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