Jeremy James McGilvrey v. State ( 2010 )

i i i i i i
MEMORANDUM OPINION
Nos. 04-10-00027-CR & 04-10-00028-CR
Jeremy James MCGILVREY,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2009-CR-8655 & 2009-CR-10808W
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: February 24, 2010
DISMISSED
The trial court’s certifications in these appeals state that the cases are “plea-bargain case[s],
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
counsel has filed written notice with this court, indicating counsel has reviewed the records in these
04-10-00027-CR & 10-00028-CR
appeals and “can find no right of appeal for Appellant.” We construe this notice as an indication that
appellant will not seek to file amended trial court certifications 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 174, 177 (Tex.
App.—San Antonio 2003, no pet.). In light of the records presented, we agree with appellant’s
counsel that Rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are
dismissed.
PER CURIAM
DO NOT PUBLISH
-2-