Michael Anthony Flores v. State



 

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MEMORANDUM OPINION


No. 04-08-00724-CR


Michael Anthony FLORES,

Appellant


v.


The STATE of Texas,

Appellee


From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2007-CR-10423

Honorable Maria Teresa Herr, Judge Presiding


PER CURIAM

 

Sitting:            Alma L. López, Chief Justice

                        Catherine Stone, Justice

                        Karen Angelini, Justice


Delivered and Filed:   October 29, 2008


DISMISSED

            The trial court’s certification in this appeal 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 record and “can find no right of appeal for Appellant.” We construe this notice as an indication that appellant will not seek to file an amended trial court certification 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 this appeal. Accordingly, this appeal is dismissed.

                                                                                    PER CURIAM

DO NOT PUBLISH