Kyle Exom v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00805-CR Kyle EXOM, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CR-10558A Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: February 20, 2013 DISMISSED The trial court signed a certification of defendant s right to appeal stating that this is a plea-bargain case, and the defendant has NO right of appeal and defendant has waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules. TEX. R. APP. P. 25.2(d). Accordingly, on December 27, 2012, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal was made 04-12-00805-CR part of the appellate record. See Daniels v. State,110 S.W.3d 174 (Tex. App. San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. On January 22, 2013, defendant s appellate counsel filed a letter stating this court has no choice but to dismiss the appeal. In light of the record presented, we agree with defendant 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 PER CURIAM Do not publish -2-
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