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MEMORANDUM OPINION
No. 04-09-00271-CR
Jesus ESPINOZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-9689
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: June 10, 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” and that “defendant has waived the right of
appeal.” See TEX . R. APP . P. 25.2(a)(2). Rule 25.2(d) provides, “The appeal must be dismissed if
04-09-00271-CR
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). Accordingly, on May 28, 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 May 29, 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DO NOT PUBLISH
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