Ricky D. Zientek v. State ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00545-CR
Ricky D. ZIENTEK,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-8703
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: September 3, 2008
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). Appellant’s
appellate counsel notified this court that appellant does not have a right to appeal in this case.
Counsel further indicated that appellant would not 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,
04-08-00545-CR
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DO NOT PUBLISH
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