Martin Anthony Casarez v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00672-CR Martin Anthony CASAREZ, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-8706 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice Delivered and Filed: November 5, 2008 DISMISSED Martin Anthony Casarez pleaded nolo contendere to murder committed under the immediate influence of sudden passion arising from an adequate cause and signed a waiver of appeal. The trial court found Casarez guilty, sentenced him to eighteen years confinement in the Texas Department of Criminal Justice Institutional Division, and signed a certificate stating that this is a plea-bargain case, and the defendant has NO right of appeal. See TEX . R. APP . P. 25.2(a)(2). Casarez timely filed 04-08-00672-CR a notice of appeal. The clerk s record, which includes the trial court s Rule 25.2(a)(2) certification, has been filed. See TEX . R. APP . P. 25.2(d). On October 1, 2008, we gave Casarez notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by October 31, 2008. See TEX . R. APP . P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref d) (not designated for publication). No amended certification showing Casarez has the right to appeal has been filed. Instead, counsel responded to our notice by filing a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). We do not consider the brief. The motion to withdraw and the appeal are dismissed. See TEX . R. APP . P. 25.2(d). PER CURIAM Do not publish -2-
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