MEMORANDUM OPINION
No. 04-09-00137-CR
Marquis JIGGITTS,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-5816
Honorable Phillip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 20, 2009
DISMISSED
The trial court’s certification in this appeal states that the case is a “plea-bargain case, and
the defendant has NO right of appeal” and “the defendant has waived the 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).
04-09-00137-CR
Appellant’s counsel filed written notice with this court that counsel reviewed the record
and appellant’s pro se notice of appeal. Appellant’s counsel concludes that Jiggitts entered a
plea of nolo contendere and, therefore, agrees this court has no choice but to dismiss the appeal
in accordance with Texas Rule of Appellate Procedure 25.2(a)(2). We construe this notice as an
indication that appellant will not seek to file an amended trial court certification showing that he
has the right of appeal. 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.). In light of the record presented, we agree
with appellant’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DO NOT PUBLISH
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