James Robert Harrison v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION Nos. 04-08-00768-CR & 04-08-00769-CR James Robert HARRISON, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court Nos. 2006CR10794 & 2007CR3157 Honorable Juanita A. Vasquez-Gardner, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: December 10, 2008 DISMISSED The trial court s certification in each of these appeals 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 has filed written notice with this court that counsel has reviewed the records, which were filed on CD-ROM, and can find no right of appeal for Appellant. We 04-08-00768-CR & 04-08-00769-CR construe this notice as an indication that appellant will not seek to file amended trial court certifications 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 these appeals. Accordingly, the appeals are dismissed. PER CURIAM DO NOT PUBLISH -2-
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