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MEMORANDUM OPINION
No. 04-09-00493-CR
Gary Ace AVANT,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-8981
Honorable Juanita A. Vasquez-Gardner Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: October 21, 2009
DISMISSED
The trial court 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). 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).
04-09-00493-CR
Accordingly, on September 25, 2009, 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 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 October 9, 2009, defendant’s appellate counsel filed a letter stating “this court has no
choice but to dismiss the appeal.” In light of the record presented, we agree with defendant’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DO NOT PUBLISH
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