Oscar Olivares Tovar v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00474-CR Oscar Olivares TOVAR, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-4417 Honorable Bert Richardson, Judge Presiding PER CURIAM Sitting: Catherine Stone, Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: August 13, 2008 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 appellate counsel notified this court that appellant does not have a right to appeal in this case. Counsel further indicated that appellant would not file an amended trial court certification showing 04-08-00474-CR 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 PER CURIAM DO NOT PUBLISH -2-
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