MEMORANDUM OPINION
No. 04-08-00830-CR
Walter S. SPIVEY,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-10056A
Honorable Lori A. Crockett, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 4, 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 November 24, 2008, we ordered that this appeal would be dismissed pursuant to
Rule 25.2(d) unless appellant filed an amended trial court certification showing that he had the
04-08-00830-CR
right of appeal by December 29, 2008. 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DO NOT PUBLISH
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