Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00040-CR
Robert Alan LOPEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR4934
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: March 6, 2013
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
January 28, 2013, 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. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154
04-13-00040-CR
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 responded by filing a written notice with this court stating
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 at 177. 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DO NOT PUBLISH
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