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MEMORANDUM OPINION
No. 04-09-00427-CR
Samuel MENDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CR-5514W
Honorable Juanita Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: August 19, 2009
DISMISSED
Defendant Samuel Mendez pled nolo contendere to burglary, and was sentenced within the
terms of a plea bargain. 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.
04-09-00427-CR
APP . P. 25.2(d). Accordingly, on July 30, 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 July 31, 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DO NOT PUBLISH
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