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MEMORANDUM OPINION
No. 04-08-00606-CR
Lauro MOCTEZUMA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-7520
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: November 5, 2008
DISMISSED
Pursuant to a plea bargain agreement, appellant, Lauro Moctezuma, pled nolo contendere to
driving while intoxicated. On June 30, 2008, the trial court imposed sentence and 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.” See TEX . R. APP . P. 25.2(a)(2). After appellant filed his notice of appeal,
the court clerk sent copies of the certification and notice of appeal to this court. See TEX . R. APP .
04-08-00606-CR
P. 25.2(e). 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 September 10, 2008, 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
appellant 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 September 15, 2008, appellant’s appellate counsel notified this court that counsel has
reviewed the electronic judicial records in this case and can find no right of appeal for appellant. In
light of the record presented, we agree with appellant’s counsel that Rule 25.2(d) requires this court
to dismiss this appeal. Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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