Robert Alan Lopez v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00040-CR Robert Alan LOPEZ, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR4934 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: March 6, 2013 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). On January 28, 2013, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 04-13-00040-CR S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, no pet.). Appellant s counsel responded by filing a written notice with this court stating 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 at 177. 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 PER CURIAM DO NOT PUBLISH -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.