Angel Villesca v. State

i i i i i i MEMORANDUM OPINION No. 04-09-00290-CR Angel VILLESCA, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-3494 Honorable Pat Priest, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: July 29, 2009 DISMISSED The trial court’s certification in this appeal states that this 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). On June 3, 2009, we ordered that this appeal would be dismissed pursuant to Rule 25.2(d) unless appellant 04-09-00290-CR filed an amended trial court certification showing that he had the right of appeal by July 6, 2009. 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.). No such amended trial court certification has been filed. Therefore, Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed. PER CURIAM DO NOT PUBLISH -2-