Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00714-CR
Douglas James DAVIS,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR6254
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: November 12, 2014
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.” 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 October 24, 2014, we ordered that this appeal would be dismissed pursuant to rule
25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal
was made part of the appellate record by November 21, 2014. See TEX. R. APP. P. 25.2(d); 37.1;
04-14-00714-CR
see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d
174 (Tex. App.—San Antonio 2003, no pet.). Appellant’s counsel has filed written notice with
this court that counsel has reviewed the record and “can find no right of appeal for Appellant.”
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DO NOT PUBLISH
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