Arlene Martinez v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00291-CR
Arlene MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR4426
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 15, 2011
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.” We must dismiss the appeal “if a certification that shows
the defendant has a right of appeal has not been made part of the record.” TEX. R. APP. P.
25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).
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
04-11-00291-CR
that appellant will not seek to file an amended trial court certification showing that appellant 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DO NOT PUBLISH
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