Daniel Lewis Leal v. The State of Texas--Appeal from 242nd District Court of Hale County

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NO. 07-04-0574-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E APRIL 11, 2005 ______________________________ DANIEL LEWIS LEAL, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 242ND DISTRICT COURT OF HALE COUNTY; NO. A15660-0408; HONORABLE ED SELF, JUDGE _______________________________ Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.1 MEMORANDUM OPINION Pursuant to a plea of guilty, appellant Daniel Lewis Leal was convicted of driving while intoxicated and punishment was assessed at seven years confinement, suspended for seven years. 1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. The clerk s record contains a certification of defendant s right of appeal by which the trial court certified the underlying case was a plea-bargain case with no right of appeal. By letter dated March 7, 2005, this Court notified appellant that the certification indicated no right of appeal and requested a response by March 28, 2005, noting that failure to file an amended certification would result in dismissal. See Tex. R. App. P. 25.2(a)(2) & (d); Stowe v. State, 124 S.W.3d 228, 232 (Tex.App. El Paso 2003, no pet.). Appellant did not respond and no amended certification reflecting a right to appeal has been filed in a supplemental record. Thus, we dismiss the appeal. Accordingly, the appeal is dismissed. Don H. Reavis Justice Do not publish. 2

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