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MEMORANDUM OPINION
No. 04-09-00407-CR
John Charles GARZA,
Appellant
v.
STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-1811
Honorable Catherine Torres-Stahl, 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 Charles Garza pled nolo contendere to
sexual assault of a child and was sentenced to six years and a fine of $1200 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).
04-09-00407-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 Garza’s appeal would be dismissed unless
an amended trial court certification showing that Garza 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, Garza’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 Garza’s appellate
counsel that Rule 25.2(d) requires this court to dismiss the appeal. Accordingly, the appeal is
dismissed.
PER CURIAM
DO NOT PUBLISH
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