Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00805-CR
Kyle EXOM,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CR-10558A
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: February 20, 2013
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 “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 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 December 27,
2012, 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
04-12-00805-CR
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 January 22, 2013, 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Do not publish
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