Thomas Edward Kunkel v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00307-CR
Thomas Edward KUNKEL,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR1566
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: June 25, 2014
DISMISSED
Defendant pled guilty to stalking and was sentenced within the terms of a plea bargain.
Defendant timely filed a general notice of appeal. The trial court’s Certification of Defendant’s
Right of Appeal states this “is a plea-bargain case, and the defendant has NO 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 May 21, 2014, this court issued an order stating
this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification
04-14-00307-CR
that shows defendant has the right of appeal was made 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 June 18, 2014, defendant’s appellate counsel filed a letter stating “this is a case in which
Appellant waived his right to appeal [and counsel would] not be filing an amended right of appeal
. . . .” In light of the record presented, Rule 25.2(d) requires this court to dismiss this appeal.
Accordingly, this appeal is dismissed.
PER CURIAM
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