MEMORANDUM OPINION
No. 04-08-00642-CR
Kimberly BERAIN,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-8738
Honorable Bert Richardson, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Rebecca Simmons, Justice
Steven C. Hilbig, 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 filed a written notice with this court that counsel 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 she has the right
04-08-00642-CR
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 dismiss this appeal. Accordingly, this
appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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