Victor Diaz v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00722-CR
Victor DIAZ,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR1116
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 18, 2013
APPEAL 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 October 29, 2013, 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 part of the appellate
04-13-00722-CR
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. No amended certification has been filed; therefore, we dismiss this appeal.
PER CURIAM
Do not publish
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