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MEMORANDUM OPINION
No. 04-09-00341-CR
John Paul GOMEZ,
Appellant
v.
STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-11706
Honorable Sharon MacRae, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: August 12, 2009
DISMISSED
Pursuant to a plea-bargain agreement, appellant John Paul Gomez pled guilty to aggravated
assault on a public servant and was sentenced to twenty years imprisonment in accordance with the
terms of his plea-bargain agreement. 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).
04-09-00341-CR
Rule 25.2(d) provides that “[t]he 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). Thus, this court issued an order stating Gomez’s appeal would be dismissed unless
an amended trial court certification showing that Gomez had the right of appeal was made part of
the appellate record. See Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.—San Antonio 2003,
order); TEX . R. APP . P. 25.2(d); 37.1. No amended trial court certification has been filed. Instead,
Gomez’s appellate counsel has filed a letter stating she has reviewed the appellate record and “this
court has no choice but to dismiss the appeal.” In light of the record presented, we agree with
Gomez’s counsel that Rule 25.2(d) requires this court to dismiss the appeal. Accordingly, the appeal
is dismissed.
PER CURIAM
DO NOT PUBLISH
-2-
John Paul Gomez v. State
Combined Opinion