Thomas Edward Kunkel v. The State of TexasAppeal from 187th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00307-CR Thomas Edward KUNKEL, Appellant v. The State of The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR1566 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: June 25, 2014 DISMISSED Defendant pled guilty to stalking and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. The trial court s Certification of Defendant s Right of Appeal states this is a plea-bargain case, and the defendant has NO 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 May 21, 2014, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification 04-14-00307-CR that shows defendant has the right of appeal was made 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 June 18, 2014, defendant s appellate counsel filed a letter stating this is a case in which Appellant waived his right to appeal [and counsel would] not be filing an amended right of appeal . . . . In light of the record presented, 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 PER CURIAM Do not publish -2-

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